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Williamson v. Adams

WILLIAMSON Et Al. v. ADAMS Et Al.

Williamson v. Adams, 1912 OK 237, 122 P. 499
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Court
Supreme Court of Oklahoma · State Highest Courts
Decided
March 12, 1912
Docket
No. 3360
Judges
Williams
Citations
122 P. 4991912 OK 23731 Okla. 5031912 Okla. LEXIS 83
Disposition
Dismissed.
Syllabus
1. APPEAL AND ERROR — Case-Made—Service and Settling. Same as paragraph 2 of the syllabus in Bond et al. v. Cook et al., 28 Okla. 446, 114 Pae. 723. 2. APPEAL AND ERROR — Review—Necessity for Motion for New Trial. Same as paragraph 1 of the syllabus in Powell et al. v. Nichols et al., 26 Okla. 734, 110 Pae. 762. (Syllabus by the Court.)
Summary
Error from District Court, Oklahoma County; Geo. W. Clark, Judge. ■ Proceedings on execution in favor of Louisa Adams against J. C. Williamson and another. From an order .confirming a sale .under the execution, defendants 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 — Williams

' WILLIAMS, J.

On August 1, 1911, an execution was issued out of the district court of Oklahoma county in favor of Louisa Adams, as plaintiff, against J. C. Williamson and Emma Williamson, as defendants, which was levied by the sheriff of said county upon certain real estate, and, after notice, sale was had thereon. On September 8, 1911, the plaintiffs in error, J. C. Williamson and Emma Williamson, filed a motion in the lower court to set aside said sale. On September 14, 1911, motion was filed for the sale to be confirmed. On October 28, 1911, after hearing evidence on said motion, the court entered an order ' confirming said sale and overruling the motion to set aside the same and all objections thereto. On October 28, 1911, motion for new trial was filed. On November 6th, motion for new trial was overruled, and fifteen days from November 1, 1911, were allowed in which to make and serve case-made. Case-made was served on November 14, 1911, and settled by the trial judge on November 22, 1911. Counsel for defendants in error have moved to dismiss this proceeding in error, on the ground that the case-made was not settled in time.

The motion is sustained.

Powell et al. v. Nichols et al., 26 Okla. 734, 110 Pac. 762 ;

Bond et al. v. Cook et al., 28 Okla. 446 , 114 Pac. 723 .

All the Justices concur.

How later courts describe this case

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

1912: 11913: 11915: 21919: 11920: 21937: 119122026peak 1915 · 2

Relies on it most ⓘ

  1. Missouri, O. & G. Ry. Co. v. McClellan1913 OK 182, 130 P. 916
  2. Chestnut v. Overholser1919 OK 233, 182 P. 683
  3. McDonell v. Continental Supply Co.1920 OK 294, 193 P. 524
  4. Robe v. Fullerton-Stuart Lumber Co.1915 OK 473, 149 P. 1157
  5. Grimes v. Ward1937 OK 2, 64 P.2d 894
  6. Burton v. De Bolt1915 OK 494, 149 P. 1079

Most recent

  1. Grimes v. Ward1937 OK 2, 64 P.2d 894
  2. Oxford v. State1920 OK 355, 194 P. 101
  3. McDonell v. Continental Supply Co.1920 OK 294, 193 P. 524
  4. Chestnut v. Overholser1919 OK 233, 182 P. 683
  5. Burton v. De Bolt1915 OK 494, 149 P. 1079
  6. Robe v. Fullerton-Stuart Lumber Co.1915 OK 473, 149 P. 1157

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
Powell v. Nichols, 1910 OK 244, 110 P. 762 59
Bond v. Cook, 1911 OK 76, 114 P. 723 11

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