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First State Bank of Warner v. Porter

First State Bank of Warner v. Porter, 1917 OK 123, 182 P. 672
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Court
Supreme Court of Oklahoma · State Highest Courts
Decided
January 30, 1917
Docket
No. 8505
Judges
Kane
Citations
182 P. 6721917 OK 12363 Okla. 791917 Okla. LEXIS 496
Disposition
Dismissed.
Syllabus
(Syllabus by the Court.) Appeal and Error — Time for Appeal — Dismissal. Proceeding in error dismissed for the reason that same was not commenced within six months from the rendition of the judgment complained of, as required by chapter 18, Sess. Daws 1910-11.
Summary
Error from Superior Court, Muskogee Comity; H. C. Thurman, Judge. Action between the First State Bank of Warner and S. T. Porter. From the judgment, 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 — Kane

KANE, J.

This cause comes on to be heard upon a motion to dismiss the proceeding in error, upon the ground, among others, that the same was not commenced within the time provided by law. The record shows that the appeal was taken from a judgment rendered on the 12th day of February, 1916, and an order overruling the motion for new tidal therein, which was entered on the first day of April, 1916. No summons in error has been issued or served up to this time. It, therefore, appears that the proceeding in error was not commenced within the time required by chapter IS, Ress. Daws 1910-11, which provides:

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

The proceeding in error, therefore, must be dismissed upon the authority of Shelton v. Wallace, 63 Okla. 79 , 162 PaC. 1092 .

All the Justices concur.

How later courts describe this case

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

1920: 21923: 21959: 119202026peak 1920 · 2

Relies on it most ⓘ

  1. Hamby v. National Bank of Commerce1923 OK 473, 217 P. 145
  2. Larrick v. Gilloon176 Cal. App. 2d 408 (1959)
  3. Hall v. Bank of Commerce of Okmulgee1920 OK 366, 193 P. 990
  4. Ham v. Veasey1920 OK 286, 191 P. 1094
  5. Hamby v. Carr1923 OK 472, 217 P. 144

Most recent

  1. Larrick v. Gilloon176 Cal. App. 2d 408 (1959)
  2. Hamby v. National Bank of Commerce1923 OK 473, 217 P. 145
  3. Hamby v. Carr1923 OK 472, 217 P. 144
  4. Hall v. Bank of Commerce of Okmulgee1920 OK 366, 193 P. 990
  5. Ham v. Veasey1920 OK 286, 191 P. 1094

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 1

DepthCaseCited by
Shelton v. Wallace, 1917 OK 111, 162 P. 1092 2

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