Bank of Meeker v. Security State Bank of Wewoka

Supreme Court of Oklahoma

Bank of Meeker v. Security State Bank of Wewoka

1950 OK 285, 224 P.2d 964, 203 Okla. 589, 1950 Okla. LEXIS 524

CourtSupreme Court of Oklahoma

DecidedNovember 21, 1950

DocketNo. 34704

StatusPublished

This text of 1950 OK 285 (Bank of Meeker v. Security State Bank of Wewoka) 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

Bank of Meeker v. Security State Bank of Wewoka, 1950 OK 285, 224 P.2d 964, 203 Okla. 589, 1950 Okla. LEXIS 524 (Okla. 1950).

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Opinion

LUTTRELL, J.

This action was commenced by Bank of Meeker, Oklahoma, against Jack Hair for the possession of an automobile. Security State Bank of Wewoka intervened. A motion for judgment on the pleadings was sustained and judgment was entered for the Security State Bank. The Bank of Meeker appeals.

A motion to dismiss has been filed for the reason that no notice of intention to appeal was given within ten days after the judgment was rendered. The plaintiff did not give notice of intention to appeal from the judgment on the pleadings, but filed a motion for new trial and attempts to appeal from the order overruling the motion for new trial. This order was made more than ten days after the judgment was rendered. The motion to dismiss must be sustained. Miller & Glass v. Tulsa Tribune Co., 174 Okla. 80, 49 P. 2d 726; Forrest E. Gilmore Co. v. James, 156 Okla. 216, 10 P. 2d 392. In Forrest E. Gilmore Co. v. James, supra, it is stated:

“Where an appeal is from a judgment rendered on the pleadings, a motion for new trial is unnecessary, and the filing thereof does not extend the time in which notice of appeal may be given, and, where no notice of appeal is given at the time of the rendition of said judgment or within 10 days thereafter, as required by section 782, C.O.S. 1921, this court acquires no jurisdiction, and the appeal will be dismissed.”

Appeal dismissed.

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LUTTRELL, J.

This action was commenced by Bank of Meeker, Oklahoma, against Jack Hair for the possession of an automobile. Security State Bank of Wewoka intervened. A motion for judgment on the pleadings was sustained and judgment was entered for the Security State Bank. The Bank of Meeker appeals.

A motion to dismiss has been filed for the reason that no notice of intention to appeal was given within ten days after the judgment was rendered. The plaintiff did not give notice of intention to appeal from the judgment on the pleadings, but filed a motion for new trial and attempts to appeal from the order overruling the motion for new trial. This order was made more than ten days after the judgment was rendered. The motion to dismiss must be sustained. Miller & Glass v. Tulsa Tribune Co., 174 Okla. 80, 49 P. 2d 726; Forrest E. Gilmore Co. v. James, 156 Okla. 216, 10 P. 2d 392. In Forrest E. Gilmore Co. v. James, supra, it is stated:

“Where an appeal is from a judgment rendered on the pleadings, a motion for new trial is unnecessary, and the filing thereof does not extend the time in which notice of appeal may be given, and, where no notice of appeal is given at the time of the rendition of said judgment or within 10 days thereafter, as required by section 782, C.O.S. 1921, this court acquires no jurisdiction, and the appeal will be dismissed.”

Appeal dismissed.

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Bluebook (online)

1950 OK 285, 224 P.2d 964, 203 Okla. 589, 1950 Okla. LEXIS 524, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bank-of-meeker-v-security-state-bank-of-wewoka-okla-1950.

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