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Gaskin v. Cleveland Woolen Mills

Gaskin v. Mills, 132 P. 821 (Okla. 1913)
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Court
Supreme Court of Oklahoma · State Highest Courts
Decided
May 27, 1913
Docket
No. 4847
Judges
Dunn
Citations
132 P. 82138 Okla. 229
Disposition
Motion sustained.
Syllabus
APPEAL AND ERROR — Time for Taking Proceedings — Dismissal. Under chapter 18, p. 35, Sess. Laws 1910-11, proceedings in error in the Supreme Court must be brought within six months from the date of the rendition of the judgment or order from which the appeal is sought to be taken, and, when not so brought, this court is without jurisdiction, and the same will be dismissed. (Syllabus by the Court.)
Summary
Error from, County Court, Jefferson County; B. T. Price, Judge. Action by the Cleveland Woolen Mills against H. I. Gas-kin. Judgment for plaintiff, and defendant brings error, and plaintiff moves to dismiss.

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

Opinion of the Court — Dunn

DUNN, J.

This case presents er-ror from the county court of Jefferson county. April 30, 1912, the motion for a new trial was denied, from which order the defendant on February 27, 1913, began proceedings in error in this court by filing his petition in error with case-made attached. April 30, 1913, counsel for plaintiff filed motion to dismiss because the proceeding in error was not begun in this court within six months from the rendition of the judgment or final order complained of. • In view of the provisions of chapter 18, p. 35, Sess. Laws 1910-11, wherein it is provided that 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, the motion must be sustained.

All the Justices concur.

How later courts describe this case

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

1914: 31916: 119142026peak 1914 · 3

Relies on it most ⓘ

  1. Howard v. Arkansaw1916 OK 703, 158 P. 437
  2. Comanche Mercantile Co. v. Curlee Clothing Co.1914 OK 430, 143 P. 190
  3. May v. Roberts1914 OK 187, 140 P. 399
  4. Anderson v. Limerick1914 OK 426, 143 P. 183

Most recent

  1. Howard v. Arkansaw1916 OK 703, 158 P. 437
  2. Anderson v. Limerick1914 OK 426, 143 P. 183
  3. Comanche Mercantile Co. v. Curlee Clothing Co.1914 OK 430, 143 P. 190
  4. May v. Roberts1914 OK 187, 140 P. 399

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 0

No citations to other opinions in this database were found.

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