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State Savings Bank of Manchester, Iowa v. Bedden

STATE SAVINGS BANK OF MANCHESTER, IOWA, v. BEDDEN Et Al.

State Sav. Bank of Manchester, Iowa v. Bedden, 1913 OK 459, 134 P. 20
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Court
Supreme Court of Oklahoma · State Highest Courts
Decided
July 8, 1913
Docket
No. 4609
Judges
Turner, Hayes, Kane, Williams, Dunn
Citations
134 P. 201913 OK 45938 Okla. 4441913 Okla. LEXIS 398
Disposition
Dismissed.
Syllabus
APPEAL AND ERROR — Petition in Error — Time of Filing — Jurisdiction. Where more than six months has intervened between the rendition of the final order sought to be reviewed and the filing of the petition in error in the Supreme Court, this court has no jurisdiction to review such final order. (Syllabus by the Court.)
Summary
Error fromt District Court, Roger Mills County; G. A. Brown, Judge. Action between the State Savings Bank of Manchester, Iowa, and W. A. Bedden and others. From the judgment, the Savings Bank 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 — Turner

TURNER, J.

This case presents error from the district court of Roger Mills county. The judgment herein was rendered on the 13th day of December, 1911, and -the petition in error was filed in this court December 3, 1912, almost a year after the rendition of final judgment in the trial court. An act approved February 14, 1911, Session Laws 1910-11, p. 35, provides : - ’

“All proceedings for reversing, vacating or modifying judgments, or final orders shall be commenced within six months from the rendition of the judgment or final order complained of.”

This is jurisdictional; and where, as here, more than six months has elapsed, this court is without authority to review the action of the trial court.

Wedd v. Gates, 15 Okla. 602 , 82 Pac. 808 ;

Tishomingo Elec., etc., Co. v. Harris, 28 Okla. 10 , 113 Pac. 713 ;

Fairbanks-Morse & Co. v. Thurmond et al., 31 Okla. 612 , 122 Pac. 167 ;

Healy v. Davis, 32 Okla. 296 , 122 Pac. 157 .

The proceeding is therefore dismissed.

HAYES, C. J., and KANE, J., concur; WILLIAMS and DUNN, JJ., absent and not participating.

How later courts describe this case

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

Cited by 10 cases

View all citing references →
1914: 61916: 11919: 11920: 11921: 119142026peak 1914 · 6

Relies on it most ⓘ

  1. Wells v. Shriver1921 OK 122, 197 P. 460
  2. School Dist. No. 38 v. MacKey, County Treasurer1914 OK 626, 144 P. 1032
  3. Malloy v. Johnson1914 OK 110, 139 P. 310
  4. Muskogee Electric Traction Co. v. Howenstine1914 OK 48, 138 P. 381
  5. Phillips v. Dillingham1914 OK 490, 144 P. 363
  6. Perry v. Werline1920 OK 10, 186 P. 940

Most recent

  1. Wells v. Shriver1921 OK 122, 197 P. 460
  2. Perry v. Werline1920 OK 10, 186 P. 940
  3. Davis v. Revelle1919 OK 92, 180 P. 958
  4. Howard v. Arkansaw1916 OK 703, 158 P. 437
  5. School Dist. No. 38 v. MacKey, County Treasurer1914 OK 626, 144 P. 1032
  6. Phillips v. Dillingham1914 OK 490, 144 P. 363

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 4

DepthCaseCited by
Wedd v. Gates, 1905 OK 92, 82 P. 808 40
Healy v. Davis, 1912 OK 184, 122 P. 157 20
Tishomingo Elec. Light & Power Co. v. Harris, 1911 OK 58, 113 P. 713 8
Fairbanks-Morse & Co. v. Thurmond, 1912 OK 176, 122 P. 167 7

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