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Nowahoma Oil & Gas Co. v. Longbone

NOWAHOMA OIL & GAS CO. Et Al. v. LONGBONE Et Al.

Nowahoma Oil & Gas Co. v. Longbone, 1921 OK 369, 201 P. 660
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Court
Supreme Court of Oklahoma · State Highest Courts
Decided
November 1, 1921
Docket
No. 11118
Judges
Harrison, Kane, Johnson, Miller, Ken-Namer
Citations
201 P. 6601921 OK 36983 Okla. 2581921 Okla. LEXIS 352
Disposition
Dismissed.
Syllabus
(Syllabus.) Appeal and Error — Time for Perfecting Appeal — Dismissal. Where a petition in error is not filed in this court until after the evpiration of six months from the date of final judgment or order appealed from, this court has no jurisdiction over the subject-matter, and the appeal will be dismissed.
Summary
Error from District Court, Nowata County; O. W. Mason, Judge. Action between the Nowahoma Oil & Gas Company et al. and Prank Longbone et al. From the judgment, 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 — Harrison

HARRISON, C. J.

The judgment appealed from herein was rendered June 12, 1919, and appeal not filed until December 24, 1919, 12 days after the expiration of the six-months statutory period within which to file an appeal in this court.

Where petition in error and case-made are not filed in this court within six months from the date of the order or judgment appealed from as required by Session Laws 1910-11, ch. 18, the appeal will be dismissed upon the proper motion of defendant in error. Davis v. Revella, 75 Okla. 8 , 108 Pac. 958 ; Ham et al. v. Veasey, 79 Okla. 133 , 191 Pac. 1094 .

Where petition in error is not filed in this court until after the expiration of six months from date of order or judgment appealed from, .this court has no jurisdiction *259 over tlie subject-matter, and the appeal will be dismissed. Wagnon v. Davison, 79 Okla. 209 , 192 Pac. 565 .

The appeal is dismissed.

KANE, JOHNSON, MILLER, and KEN-NAMER, JJ., concur.

How later courts describe this case

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

1922: 119222026peak 1922 · 1

Relies on it most ⓘ

  1. Tidal Oil Company v. Flanagan1922 OK 115, 209 P. 729

Most recent

  1. Tidal Oil Company v. Flanagan1922 OK 115, 209 P. 729

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
Wagnon v. Davison, 1920 OK 303, 192 P. 565 10
Ham v. Veasey, 1920 OK 286, 191 P. 1094 5
Davis v. Revelle, 1919 OK 92, 180 P. 958 4

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