Verschoyle v. McDaniels

VERSCHOYLE v. McDANIELS Et Al.

Verschoyle v. McDaniels, 1927 OK 366, 260 P. 6

Court: Supreme Court of Oklahoma · State Highest Courts
Decided: October 18, 1927
Docket: No. 18754
Judges: PER CURIAM.
Citations: 260 P. 61927 OK 366127 Okla. 1661927 Okla. LEXIS 302

Opinion of the Court — Per Curiam

PER CURIAM.

This is an appeal from the judgment of the district court of Stephens county rendered on the 17th day of February, 1927. The motion for new trial was overruled on the ISth day of March, 1927. The petition in error with case-made attached was filed in this court on September 21. 1927.

The defendants in error have filed herein their motion to dismiss the appeal in this cause for -the reason that this proceeding was not commenced within six months from the rendition of the judgment or order overruling a motion for new trial.

Section 798, C. O. S. 1921, provides that all proceedings for reversing, vacating, or modifying a judgment or final order shall be commenced within six months from the rendition of the judgment or final order complained of.

In the case of Gilmore v. Smith et al., 93 Okla. 4 , 219 Pac. 92 , this court said:

“Since the appeal was not lodged in this court until more than six months after the judgment complained of was rendered, this court has no jurisdiction over the subject-matter of said action, and the motion of the defendants in error to dismiss the same is sustained.” Wagnon v. Davison. 79 Okla. 209 , 129 Pac. 565 ; McDonnell v. Continental Supply Co., 79 Okla. 286 , 193 Pac. 524 ; Hall v. Bank of Commerce, 80 Okla. 40 , 193 Pac. 990 ; Brown v. Parks, 80 Okla. 184 , 195 Pac. 133 .

The time in which to file the appeal in this action expired on September 18, 1927. Since petition in error with case-made attached was not filed in this court until September 21, 1927, this court is without jurisdiction to hear and determine the same, and the appeal is dismissed.

Note. — See 3 O. J. p. 1081, §1091; 4 C. J. p. 566, §2380; p. 580, §2390; 2 R. O. L. p. 104; 1 R. O. L. Supp. p. 398; 4 R. C. L. Supp. p. 81; 6 R. C. L. Supp. p. 67.

How later courts describe this case

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

Cited by 18 cases

View all citing references →

Relies on it most ⓘ

Baltimore American Ins. Co. v. Pecos Mercantile Co.122 F.2d 143 (10th Cir. 1941)
State v. Hammond493 P.2d 1249 (Wash. Ct. App. 1972)
American Eagle Fire Ins. Co. v. Lively1930 OK 155, 286 P. 797
Barfield Petroleum Co. v. Pickering Lumber Co.1929 OK 236, 278 P. 391
Jones v. Blanton1928 OK 244, 266 P. 438
Republic Insurance Co., Dallas, Texas v. French180 F.2d 796 (10th Cir. 1950)

Most recent

State v. Hammond493 P.2d 1249 (Wash. Ct. App. 1972)
Central Mutual Insurance Co. v. Dickason1969 OK 32, 451 P.2d 1
Cless v. Cook1950 OK 179, 219 P.2d 995
Oklahoma Transportation Co. v. Seminole Lodge No. 430, I.O.O.F.1950 OK 92, 217 P.2d 164
Republic Insurance Co., Dallas, Texas v. French180 F.2d 796 (10th Cir. 1950)
Crawford v. Grayson1944 OK 111, 146 P.2d 298

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

Depth	Case	Cited by
	McDonell v. Cont'l Supply Co., 1920 OK 294, 193 P. 524	8
	Brown v. Parks, 1921 OK 24, 195 P. 133	8
	Hall v. Bank of Commerce of Okmulgee, 1920 OK 366, 193 P. 990	6
	Wagnon v. Davison, 1920 OK 303, 192 P. 565	10

`/`	Focus the search box
`j` `k`	Next / previous result
`Enter`	Open the selected result
`x`	Add / remove the selected result from the download list
`n` `p`	Next / previous search term in a case
`c`	Copy the citation of the current case
`+` `−`	Larger / smaller reading text
`?`	Show this list