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Dill v. Flesher

Dill v. Flesher, 1916 OK 437, 156 P. 1191
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Court
Supreme Court of Oklahoma · State Highest Courts
Decided
April 11, 1916
Docket
No. 7757
Judges
Hardy
Citations
156 P. 11911916 OK 43753 Okla. 3591916 Okla. LEXIS 412
Disposition
Dismissed.
Syllabus
APPEAL AND ERROR — Time for Taking — Proceedings. Where petition in error is not filed in this court within six months after the rendition of the final order sought to be reviewed, this court is without jurisdiction to entertain the appeal. (Syllabus by the Court.)
Summary
Error from District Court, Okfuskee County; Tom D. McKeown, Judge. Action by W. H. Dill against M. B. Flesher. Fron the judgment, Dill 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, J.

This case is presented on motion to dismiss, for the reason that petition in error with transcript attached was not filed in this court within six months from the date of the judgment or final order sought to be reviewed.

Judgment was rendered in this case February 9, 1915, and' petition in error with transcript attached was filed in this court October 13,. 1915, which was more than six mqnths after the rendition of the judgment appeáled from. The time allowed by statute within which to perfect appeals to this court having expired, this court is without jurisdiction to entertain same.

Malloy v. Johnson et al., 40 Okla. 454 , 139 Pac. 310 ;

Phillips v. Dillingham et al., 44 Okla. 102 , 144 Pac. 363 ;

Caswell v. Eaton, 43 Okla. 770 , 144 Pac. 591 .

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.

1916: 11918: 21919: 11921: 119162026peak 1918 · 2

Relies on it most ⓘ

  1. Williams v. Thompson1918 OK 433, 174 P. 268
  2. Davis v. Revelle1919 OK 92, 180 P. 958
  3. Drake v. Ruble1918 OK 721, 176 P. 920
  4. Wells v. Shriver1921 OK 122, 197 P. 460
  5. First State Bank of Mangum v. Biffle1916 OK 575, 157 P. 1034

Most recent

  1. Wells v. Shriver1921 OK 122, 197 P. 460
  2. Davis v. Revelle1919 OK 92, 180 P. 958
  3. Drake v. Ruble1918 OK 721, 176 P. 920
  4. Williams v. Thompson1918 OK 433, 174 P. 268
  5. First State Bank of Mangum v. Biffle1916 OK 575, 157 P. 1034

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 3

DepthCaseCited by
Malloy v. Johnson, 1914 OK 110, 139 P. 310 12
Caswell v. Eaton, 1914 OK 552, 144 P. 591 6
Phillips v. Dillingham, 1914 OK 490, 144 P. 363 6

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