First Nat. Bank of Ft. Smith, Ark. v. Chowning

Supreme Court of Oklahoma

First Nat. Bank of Ft. Smith, Ark. v. Chowning

1923 OK 614, 218 P. 674, 95 Okla. 137, 1923 Okla. LEXIS 106

CourtSupreme Court of Oklahoma

DecidedSeptember 18, 1923

Docket14456

StatusPublished

Cited by5 cases

This text of 1923 OK 614 (First Nat. Bank of Ft. Smith, Ark. v. Chowning) 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.

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First Nat. Bank of Ft. Smith, Ark. v. Chowning, 1923 OK 614, 218 P. 674, 95 Okla. 137, 1923 Okla. LEXIS 106 (Okla. 1923).

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Opinion

McNEILL, J.

Plaintiff in error, plaintiff below, filed a petition in. error in this court June 12, 3923, to review an order of the lower court made December 5, 1922, discharging an attachment. Defendants in error filed their motion to dismiss the appeal for the reason that the petition in error was not filed here within 30 days from the date of the order appealed from as provided in section 809, Comp. Stat. 1921. The motion must he sustained. Creek County Gas Co. v. Springer et al., 85 Okla. 299, 205 Pac. 502; First National Bank in Oklahoma City v. Ada Music Co. et al., 89 Okla. 29, 213 Pac. 732.

There was a motion for new trial or to vacate and set aside the order, but since a .motion for new trial is unnecessary to review the order appealed' from, the filing of same did not. operate to extend the time within which an appeal must be taken. Reynolds v. Phipps et al., 31 Okla. 788, 123 Pac. 1125.

JOHNSON, C. J., and KANE, HARRISON, and BRANSON, JJ., concur.

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McNEILL, J.

Plaintiff in error, plaintiff below, filed a petition in. error in this court June 12, 3923, to review an order of the lower court made December 5, 1922, discharging an attachment. Defendants in error filed their motion to dismiss the appeal for the reason that the petition in error was not filed here within 30 days from the date of the order appealed from as provided in section 809, Comp. Stat. 1921. The motion must he sustained. Creek County Gas Co. v. Springer et al., 85 Okla. 299, 205 Pac. 502; First National Bank in Oklahoma City v. Ada Music Co. et al., 89 Okla. 29, 213 Pac. 732.

There was a motion for new trial or to vacate and set aside the order, but since a .motion for new trial is unnecessary to review the order appealed' from, the filing of same did not. operate to extend the time within which an appeal must be taken. Reynolds v. Phipps et al., 31 Okla. 788, 123 Pac. 1125.

JOHNSON, C. J., and KANE, HARRISON, and BRANSON, JJ., concur.

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1923 OK 614, 218 P. 674, 95 Okla. 137, 1923 Okla. LEXIS 106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-nat-bank-of-ft-smith-ark-v-chowning-okla-1923.

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