Baker v. Phelps

Supreme Court of Oklahoma

Baker v. Phelps

1910 OK 114, 109 P. 72, 26 Okla. 200, 1910 Okla. LEXIS 35

CourtSupreme Court of Oklahoma

DecidedMay 10, 1910

Docket1335

StatusPublished

This text of 1910 OK 114 (Baker v. Phelps) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Baker v. Phelps, 1910 OK 114, 109 P. 72, 26 Okla. 200, 1910 Okla. LEXIS 35 (Okla. 1910).

Pincite

Opinion

TURNER, J.

On January 11, 1910) plaintiff in error filed in this court petition in error with case-made thereto attached, whereupon summons issued. On April 15, 1910, defendant in error moved this court to dismiss said appeal, on the ground that plaintiff in error had failed to'comply with rule 7 of this court (20 Okla. viii, 95 Pac. vi), requiring him to file his brief with the clerk.of this court within 40 days after filing said petition in error. Service of said motion was duly had pursuant to rule 5, which reads: • ■ ...

“When a motion is filed with the clerk it must show service upon the opposite, party as to the time it will- be filed, who shall have 10 days thereafter in which to answer the same.”

No response has been filed to said motion,” and as said brief is not yet filed, and is now some two months overdue, said motion is sustained and the appeal is dismissed.

All the Justices concur.

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TURNER, J.

On January 11, 1910) plaintiff in error filed in this court petition in error with case-made thereto attached, whereupon summons issued. On April 15, 1910, defendant in error moved this court to dismiss said appeal, on the ground that plaintiff in error had failed to'comply with rule 7 of this court (20 Okla. viii, 95 Pac. vi), requiring him to file his brief with the clerk.of this court within 40 days after filing said petition in error. Service of said motion was duly had pursuant to rule 5, which reads: • ■ ...

“When a motion is filed with the clerk it must show service upon the opposite, party as to the time it will- be filed, who shall have 10 days thereafter in which to answer the same.”

No response has been filed to said motion,” and as said brief is not yet filed, and is now some two months overdue, said motion is sustained and the appeal is dismissed.

All the Justices concur.

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Bluebook (online)

1910 OK 114, 109 P. 72, 26 Okla. 200, 1910 Okla. LEXIS 35, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baker-v-phelps-okla-1910.