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Davis v. Revelle

Davis v. Revelle, 1919 OK 92, 180 P. 958
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Court
Supreme Court of Oklahoma · State Highest Courts
Decided
March 25, 1919
Docket
No. 10038
Judges
Hardy
Citations
180 P. 9581919 OK 9275 Okla. 81919 Okla. LEXIS 4
Disposition
Appeal dismissed.
Syllabus
(Syllabus by the Court.) Appeal and Error — Time for Taking Appeal —Statute. All proceedings for reversing, vacating, or modifying judgments or final orders must be commenced in the Supreme Court within six months from the rendition of the judgment or final order complained of.
Summary
Error from District Court, Cotton County; Cham Jones, Judge. Action between Mary A. Davis, administrator of the estate of Lucy J. Hall, deceased, and I. K. Revelle. Judgment for the latter, and the former 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 — Hardy

HARDY, C. J.

This case was appealed from the district court of Cotton county in which judgment was rendered on the 12th day of December, 1917. Motion for a new trial was overruled on the 18th day of December, 1917. Petition in error and case-made was filed in this court on the 21st day of June, 1918, which was more than six months after the overruling of final order appealed from. The case is now before the court on motion of defendant in error to dismiss the appeal for the reason that the cause was not filed in this court within the six months allowed by statute.

All proceedings for reversing, vacating, or modifying judgments or final orders must be commenced in the Supreme Court within six months from the rendition of the judgment or final order complained of. Session Laws 1910-11, p. 35 ; Wedd v. Gates, 15 Okla. 602 , 82 Pac. 808 ; State Savings Bank of Manchester, Ia., v. Bedden et al., 38 Okla. 444 , 134 *9 Pac. 20 ; Dill v. Flesher, 53 Okla. 359 , 156 Pac. 1191 ; Williams et al. v. Thompson, 68 Oklahoma, 174 Pac. 268 .

The appeal is dismissed.

All the Justices concur.

How later courts describe this case

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

1921: 21923: 219212026peak 1921 · 2

Relies on it most ⓘ

  1. Wells v. Shriver1921 OK 122, 197 P. 460
  2. Hamby v. National Bank of Commerce1923 OK 473, 217 P. 145
  3. Hamby v. Carr1923 OK 472, 217 P. 144
  4. Nowahoma Oil & Gas Co. v. Longbone1921 OK 369, 201 P. 660

Most recent

  1. Hamby v. National Bank of Commerce1923 OK 473, 217 P. 145
  2. Hamby v. Carr1923 OK 472, 217 P. 144
  3. Nowahoma Oil & Gas Co. v. Longbone1921 OK 369, 201 P. 660
  4. Wells v. Shriver1921 OK 122, 197 P. 460

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
Dill v. Flesher, 1916 OK 437, 156 P. 1191 5
Call v. Haun, 1 Thompson 68 (1850) 39
State Sav. Bank of Manchester, Iowa v. Bedden, 1913 OK 459, 134 P. 20 10

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