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Braggs Mercantile Co. v. Richardson Dry Goods Co.

Braggs Mercantile Co. v. Richardson Dry Goods Co., 1915 OK 171, 147 P. 1194
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Court
Supreme Court of Oklahoma · State Highest Courts
Decided
April 13, 1915
Docket
No. 6929
Judges
PER CURIAM.
Citations
147 P. 11941915 OK 17147 Okla. 1241915 Okla. LEXIS 122
Disposition
Dismissed.
Syllabus
APPEAL AND ERROR — Jurisdiction—Time for Perfecting Appeal— Dismissal. Where no praecipe for summons in error is filed, or summons issued, or waiver of issuance and service of summons, or a .general appearance made, within six months after the rendition of the judgment complained of, the proceedings will not be deemed commenced as required by Sess. Daws 1910-11, p. 35, c. 18, and on motion the appeal will be dismissed. (Syllabus by the Court.)
Summary
Error from Superior Court, Muskogee County; Farrar L. McCain, Judge. Action between the Braggs Mercantile Company, a co-partnership, and the Richardson Dry Goods Company, a corporation. From the judgment, the Mercantile Company 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 — Per Curiam

PER CURIAM.

The final order appealed from in this . case was rendered and entered on January 31, 1914. Petition in error, with case-made attached, was filed in this court on July 31, 1914. The praecipe for summons in error was not filed in this court until October 29, 1914, long after the expiration of the statutory period for perfecting the appeal.

Upon the authority of Wahl v. White Sewing Machine Co., 45 Okla. 805 , 147 Pac. 301 , and cases therein cited, the motion to dismiss is sustained.

How later courts describe this case

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

1916: 11917: 119162026peak 1916 · 1

Relies on it most ⓘ

  1. Buckner v. Walton Trust Co.1917 OK 518, 168 P. 797
  2. Weaver v. Watts1916 OK 148, 155 P. 514

Most recent

  1. Buckner v. Walton Trust Co.1917 OK 518, 168 P. 797
  2. Weaver v. Watts1916 OK 148, 155 P. 514

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 1

DepthCaseCited by
Wahl v. White Sewing MacH. Co., 1915 OK 136, 147 P. 301 2

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