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Merriett v. Newton

MERRIETT Et Al. v. NEWTON Et Al.

Merriett v. Newton, 1917 OK 624, 169 P. 488
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Court
Supreme Court of Oklahoma · State Highest Courts
Decided
December 24, 1917
Docket
No. 9397
Judges
Brett
Citations
169 P. 4881917 OK 62467 Okla. 1501917 Okla. LEXIS 371
Disposition
Appeal dismissed.
Syllabus
(Syllabus.) Appeal and Error — Right of Appeal — Notice —Statutes. The right of appeal is governed by the law applicable thereto at-the time the judgment appealed from is rendered. Hence it’ is held that section 1, chapter 219, of the 1917 Session Laws, with reference to giving notice of appeal, is not applicable to an appeal from a judgment rendered March 1, 1917, since that law did not become effective until March- 23, 1917.
Summary
Error from District Court, McCurtain County; C. E. Dudley, Judge. Action between L. M. Merriett and others and R. C. Newton and others. Judgment for the latter, and the former bring 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 — Brett

BRETT, J.

The defendants in error move to dismiss the appeal in this case, for the reason ¡that no summons in error from the Supreme Court was issued and served as required by law.

The facts are: That the- order overruling the motion for new trial was made and entered March 1, 1917. The plaintiffs in .error at -that time gave notice of appeal in open court, which would be sufficient under section 1, chapter 219, 1917 Session Laws. But that- law did mot become effective until March 23, 1917, or 22 days after 'the order appealed from was made. And it is the holding of this court ¡that the right of appeal is governed by the provisions of the law applicable thereto at the time the judgment appealed from -is rendered. Oklahoma Land Co. v. Thomas, 43 Okla. 217 , 142 Pac. 801 . Ahd under the precise conditions involved in this case in Buckner v. Walton Trust Co., 67 Okla. —, 168 Pac. 797 , the court held that in the absence of a summons in error, an appeal taken from a judgment rendered January 4, 1917, could'“'not be deemed to have been commenced in this court so as to give the Supreme Court jurisdiction of the appeal."

Hence, since the law in force at ¡the time the order appealed from has not been complied with, and the 1917 act is not retroactive,' the appeal must be dismissed.

All the Justices concur.

How later courts describe this case

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

1917: 11918: 21919: 11931: 11964: 119172026peak 1918 · 2

Relies on it most ⓘ

  1. Miller v. Brownfield1918 OK 542, 175 P. 211
  2. City of Sapulpa v. Young1931 OK 6, 296 P. 418
  3. Barker v. Honeywell1917 OK 623, 169 P. 489
  4. First Nat. Bank of Cushing v. Atchison T. & S. F. Ry. Co.1918 OK 750, 177 P. 547
  5. Poafpybitty v. Skelly Oil Company1964 OK 162, 394 P.2d 515
  6. City of Lawton v. Burnett1919 OK 100, 179 P. 752

Most recent

  1. Poafpybitty v. Skelly Oil Company1964 OK 162, 394 P.2d 515
  2. City of Sapulpa v. Young1931 OK 6, 296 P. 418
  3. City of Lawton v. Burnett1919 OK 100, 179 P. 752
  4. First Nat. Bank of Cushing v. Atchison T. & S. F. Ry. Co.1918 OK 750, 177 P. 547
  5. Miller v. Brownfield1918 OK 542, 175 P. 211
  6. Barker v. Honeywell1917 OK 623, 169 P. 489

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 2

DepthCaseCited by
Okla. Land Co. v. Thomas, 1914 OK 363, 142 P. 801 6
Buckner v. Walton Trust Co., 1917 OK 518, 168 P. 797 4

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