Supreme Court of Oklahoma, 1954

Love v. Weeks

Supreme Court of Oklahoma · Decided March 16, 1954 · No. 36211 · O'Neal, Halley, Johnson, Welch, Corn, Davison, Williams

268 P.2d 215; 1954 OK 81; 1954 Okla. LEXIS 458 (Pacific Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Auto Convoy Company v. Smith (Okla. 1960)

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

O’NEAL, Justice.

Plaintiff obtained a judgment in the trial court in damages against defendant and on October 1, 1953, defendant filed his petition in error with case-made attached in this court. The order overruling the motion for new trial was entered June 5, 1953. No order was made by the trial court extending the time in which .an appeal could be filed.

A motion to dismiss has been filed for the reason the appeal was not filed within three months after the . order overruling the motion for new trial or any order extending the time for appeal. The motion to dismiss must be sustained. In Roof v. Fechtel, Okl. Sup., 258 P.2d 890, we said:

“Where the petition in error with record or case made is not filed within three months after the judgment or final order made in the case and there has been no order of the trial court extending the time for appeal as provided by 12, O.S.1951 § 972, the appeal will be dismissed for lack of jurisdiction.”

Appeal dismissed.

HALLEY, C. J., JOHNSON, V. C. J., and WELCH, CORN,' DAVISON, WILLIAMS and'BLACKBIRD, JJ., ■ concur.

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