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Maddin v. McCormick

MADDIN v. McCORMICK Et Al.

Maddin v. McCormick, 1911 OK 40, 117 P. 200
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Court
Supreme Court of Oklahoma · State Highest Courts
Decided
January 10, 1911
Docket
No. 1646
Judges
Williams
Citations
117 P. 2001911 OK 4027 Okla. 7781911 Okla. LEXIS 51
Disposition
Dismissed.
Syllabus
APPEAL AND ERROR — Failure to File Briefs — Dismissal. Syllabus same as in Leavitt v. Commercial Nat. Bank, 26 Okla. 164, 109 Pac. 71.
Summary
Error from Superior Court, Muskogee County; Fanrar L. McGcuin, Judge. Action between Fred V. Maddin and F. P. McCormick and others. Fr^m the judgment, Maddin brings error.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Williams

"WILLIAMS, J.

The petition in error and case-made attached were filed in this court May 4, 1910. On November 4, 1910, defendants in error filed motion to dismiss the appeal on the following grounds:

(1) Case-made not served in time.

(2) Petition in error not filed in time.

(3) No brief filed pursuant to rule 7 of this court.

No response has been made to said motion to dismiss.

It ,is not essential to pass on the first two grounds, as the third ground is sufficient, the plaintiff in error neither having filed his brief in accordance with said rule 7 nor having made application for additional time or for permission to file typewritten briefs.

Leavitt et al. v. Commercial Nat. Bank, 26 Okla. 164 , 109 Pac. 71 ;

Monnington v. Cotteral, 26 Okla. 817 , 110 Pac. 632 ;

Cooper v. Chapman, 26 Okla. 600 , 110 Pac. 722 .

All the Justices concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 20 cases

View all citing references →
1911: 41912: 101913: 21914: 31938: 119112026peak 1912 · 10

Relies on it most ⓘ

  1. McClelland v. Witherall1911 OK 471, 119 P. 205
  2. Bender v. Bender1911 OK 457, 119 P. 205
  3. Terry v. Coker1914 OK 65, 138 P. 814
  4. Atchison, T. & S. F. Ry. Co. v. Rath1912 OK 313, 124 P. 59
  5. Johnston v. Marsee1914 OK 61, 138 P. 814
  6. Lillard v. Hyatt1912 OK 101, 120 P. 966

Most recent

  1. Edwards v. Rutland Savings Bank1938 OK 8, 75 P.2d 1152
  2. Chicago, R. I. & P. Ry. Co. v. Board of Com'rs of Canadian County1914 OK 347, 142 P. 315
  3. Johnston v. Marsee1914 OK 61, 138 P. 814
  4. Terry v. Coker1914 OK 65, 138 P. 814
  5. State v. Weatherford Milling Co.1913 OK 226, 131 P. 683
  6. Miller Lumber Co. v. Swink Mercantile Co.1913 OK 147, 130 P. 574

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Leavitt v. Commercial Nat. Bank, 1910 OK 140, 109 P. 71 11
Cooper v. Chapman, 1910 OK 204, 110 P. 722 4
Monnington v. Cotteral, 1910 OK 241, 110 P. 652 1

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