Dawson Schreiner v. Davis Bros. Cheese Company

Supreme Court of Oklahoma
Dawson Schreiner v. Davis Bros. Cheese Company, 156 P. 204 (Okla. 1916)
53 Okla. 313; 1916 OK 331; 1916 Okla. LEXIS 402
PER CURIAM.

Dawson Schreiner v. Davis Bros. Cheese Company

Opinion of the Court

PER CURIAM.

Defendants in error brought tliis action against plaintiffs in error to recover on account for goods, wares, and merchandise the sum of $1,090.85. Plaintiffs in error were duly served with summons, but *314 filed no answer. Thereafter, on the 17th day of February, 1915, the cause came on for trial, and judgment was rendered against plaintiffs in error on default for the amount sued for.

Defendants in error have moved to dismiss this appeal, for the reason, among others, thaLthis court has no jurisdiction to hear and determine this cause, since the appeal was not perfected within the time provided by law. As above stated, judgment was rendered on default against plaintiffs in error on the 17th day of February, 1915. The petition in error, with transcript attached, was not filed in this court until November 3, 1915, more than six months from the date of the rendition of the judgment sought to be reyiewed. Therefore the motion to dismiss is well taken, and upon the authority of Caswell v. Eaton, 43 Okla. 718, 144 Pac. 591; Honley v. First Nat. Bank, 35 Okla. 649, 130 Pac. 945, and Thorne v. Harris, 35 Okla. 645, 130 Pac. 906, the appeal is dismissed.

All the Justices concur.

Reference

Full Case Name
Dawson & Schreiner v. Davis Bros. Cheese Company
Cited By
4 cases
Status
Published
Syllabus
APPEAL AND ERROR — Petition in Error — Time for1 Filing — Dismissal. Where more than six months has intervened between' the rendition of the final order sought to be reviewed and the filing of the petition in error in the Supreme Court, this court has no jurisdiction to review such final order. (Syllabus by the Court.)