First State Bank of Warner v. Porter
Cases that cite this one
3 later published cases cite this decision.
- Hamby v. National Bank of Commerce (Okla. 1923)
- Larrick v. Gilloon (Cal. Ct. App. 1959)
- Ham v. Veasey (Okla. 1920)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
This cause comes on to be heard upon a motion to dismiss the proceeding in error, upon the ground, among others, that the same was not commenced within the time provided by law. The record shows that the appeal was taken from a judgment rendered on the 12th day of February, 1916, and an order overruling the motion for new tidal therein, which was entered on the first day of April, 1916. No summons in error has been issued or served up to this time. It, therefore, appears that the proceeding in error was not commenced within the time required by chapter IS, Ress. Daws 1910-11, which provides:
βAll proceedings for reversing, vacating and modifying judgments or final orders shall be commenced within six months from the rendition of the judgment or final order complained of.β
The proceeding in error, therefore, must be dismissed upon the authority of Shelton v. Wallace, 63 Okla. 79, 162 PaC. 1092.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.