Supreme Court of Oklahoma, 1923

Martin v. Martin

Martin v. Martin
Supreme Court of Oklahoma · Decided January 23, 1923 · PER CURIAM.
212 P. 310; 88 Okla. 153; 1923 OK 39; 1923 Okla. LEXIS 565

Martin v. Martin

Opinion of the Court

PER CURIAM.

This action now stands for hearing upon motion to dismiss appeal for failure to comply with a former order of this court, response thereto and reply.

On the 26th day of September, 1922, this court, upon application of defendant in error, made an order awarding her alimony, pen-dente lite, in the sum of $50 per' month. Only one payment has been made, and plaintiff in error is in default as to the other payments. Plaintiff in error undertakes to excuse his default by saying that he is not financially able to make the payments. This is not .a sufficient Showing in face of the fact as appears from the reply of defendant in error, which D not controverted by affidavit or otherwise — that plain *154 tiff in error .is in possession of the home, all 'Of the real estate, live stock, feed, household goods, and all of the property accumulated by the parties during a period- of more than 20 years of -married life.

The order of the court must be treated as a reasonable order and failure to comply therewith is ground for dismissal of the appeal.

Adhering to the rule laid down in Spradling v. Spradling, 74 Oklahoma, 181 Pac. 148, and Hansing v. Hansing, 76 Okla. 34, 183 Pac. 978, the appeal is dismissed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.