Colby v. McElderry

Supreme Court of Oklahoma

Colby v. McElderry

1914 OK 562, 142 P. 970, 43 Okla. 530, 1914 Okla. LEXIS 562

CourtSupreme Court of Oklahoma

DecidedOctober 6, 1914

Docket6368

StatusPublished

This text of 1914 OK 562 (Colby v. McElderry) 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

Colby v. McElderry, 1914 OK 562, 142 P. 970, 43 Okla. 530, 1914 Okla. LEXIS 562 (Okla. 1914).

Pincite

Opinion

KANE, C. J.

This cause comes on to be heard upon the defendant in error’s motion to dismiss the proceeding in error, Upon the ground that the case-made and petition in error was not filed in the Supreme Court within the time provided by law. The record shows that.the order entered by the lower court overruling plaintiff in error’s motion for new trial was entered on the 3d day of October, 1913; that the petition in error and case-made was filed in this court on the 1st day of May, 1914. More than six months having elapsed between the entering of the order by the lower court overruling plaintiff in error’s motion for new trial and the filing of plaintiff in error’s petition in error and case-made, the appeal must be dismissed.

It is so ordered.

All the Justices concur..

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KANE, C. J.

This cause comes on to be heard upon the defendant in error’s motion to dismiss the proceeding in error, Upon the ground that the case-made and petition in error was not filed in the Supreme Court within the time provided by law. The record shows that.the order entered by the lower court overruling plaintiff in error’s motion for new trial was entered on the 3d day of October, 1913; that the petition in error and case-made was filed in this court on the 1st day of May, 1914. More than six months having elapsed between the entering of the order by the lower court overruling plaintiff in error’s motion for new trial and the filing of plaintiff in error’s petition in error and case-made, the appeal must be dismissed.

It is so ordered.

All the Justices concur..

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Bluebook (online)

1914 OK 562, 142 P. 970, 43 Okla. 530, 1914 Okla. LEXIS 562, Counsel Stack Legal Research, https://law.counselstack.com/opinion/colby-v-mcelderry-okla-1914.