Drake v. Ruble

Supreme Court of Oklahoma
Drake v. Ruble, 176 P. 920 (Okla. 1918)
71 Okla. 247; 1918 OK 721; 1918 Okla. LEXIS 930
Hardy

Drake v. Ruble

Opinion of the Court

HARDY, J.

This is an appeal from the ■district court of Wagoner county. Judgment was rendered against the defendants bn the 20th day of July, 1917. Motion for .a new trial was overruled on the 6th day ■of October, 1917. The appeal was lodged in this court on April 8, 1918, more than .six months from; the díate of the final order and judgment of the court sought to be Appealed from. Defendants in error file motion to dismiss the appeal for the reason that petition in error was not filed in this • court within the time prescribed by law.

Proceedings ini error in this court must •be filed within six months after the rendition •of the final order sought to be reviewed, .and, if not so filed, this court is without jurisdiction 'to entertain .the appeal. Phillips v. Dillingham, 44 Okla. 102, 144 Pac. 363; Dill v. Flesher, 53 Okla. 359, 156 Pac. 1191; Williams v. Thompson, 68 Okla. 301, 174 Pac. 268.

The appeal ’’is therefore -dismissed,.

Reference

Full Case Name
DRAKE Et Al. v. RUBLE Et Al.
Cited By
3 cases
Status
Published
Syllabus
(Syllabus.) Appeal and Error — Proceedings in Error— Time — Jurisdiction. Proceedings in error in this court must be filed within six months after the rendition io£ final order sought to be reviewed, and if not so filed, this court is without jurisdiction to entertain the appeal.