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Drake v. Ruble

DRAKE Et Al. v. RUBLE Et Al.

Drake v. Ruble, 1918 OK 721, 176 P. 920
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Court
Supreme Court of Oklahoma · State Highest Courts
Decided
December 17, 1918
Docket
No. 9865
Judges
Hardy
Citations
176 P. 9201918 OK 72171 Okla. 2471918 Okla. LEXIS 930
Disposition
Appeal dismissed.
Syllabus
(Syllabus.) Appeal and Error — Proceedings in Error— Time — Jurisdiction. Proceedings in error in this court must be filed within six months after the rendition io£ final order sought to be reviewed, and if not so filed, this court is without jurisdiction to entertain the appeal.
Summary
Error from District Court, Wagoner County; Mark L. Bozar-th, Judge. Action between W. T. Drake and others .and Otis H. Ruble and others. Judgment for the latter, and 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 — Hardy

HARDY, J.

This is an appeal from the ■district court of Wagoner county. Judgment was rendered against the defendants bn the 20th day of July, 1917. Motion for .a new trial was overruled on the 6th day ■of October, 1917. The appeal was lodged in this court on April 8, 1918, more than .six months from; the díate of the final order and judgment of the court sought to be Appealed from. Defendants in error file motion to dismiss the appeal for the reason that petition in error was not filed in this • court within the time prescribed by law.

Proceedings ini error in this court must •be filed within six months after the rendition •of the final order sought to be reviewed, .and, if not so filed, this court is without jurisdiction 'to entertain .the appeal. Phillips v. Dillingham, 44 Okla. 102 , 144 Pac. 363 ; Dill v. Flesher, 53 Okla. 359 , 156 Pac. 1191 ; Williams v. Thompson, 68 Okla. 301 , 174 Pac. 268 .

The appeal ’’is therefore -dismissed,.

How later courts describe this case

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

1921: 11923: 219212026peak 1923 · 2

Relies on it most ⓘ

  1. Wells v. Shriver1921 OK 122, 197 P. 460
  2. Hamby v. National Bank of Commerce1923 OK 473, 217 P. 145
  3. Hamby v. Carr1923 OK 472, 217 P. 144

Most recent

  1. Hamby v. National Bank of Commerce1923 OK 473, 217 P. 145
  2. Hamby v. Carr1923 OK 472, 217 P. 144
  3. Wells v. Shriver1921 OK 122, 197 P. 460

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
Phillips v. Dillingham, 1914 OK 490, 144 P. 363 6
Dill v. Flesher, 1916 OK 437, 156 P. 1191 5
Williams v. Thompson, 1918 OK 433, 174 P. 268 4

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