First State Bank of Mangum v. Biffle

Supreme Court of Oklahoma

First State Bank of Mangum v. Biffle

1916 OK 575, 157 P. 1034, 53 Okla. 711, 1916 Okla. LEXIS 452

CourtSupreme Court of Oklahoma

DecidedMay 23, 1916

Docket8190

StatusPublished

This text of 1916 OK 575 (First State Bank of Mangum v. Biffle) 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

First State Bank of Mangum v. Biffle, 1916 OK 575, 157 P. 1034, 53 Okla. 711, 1916 Okla. LEXIS 452 (Okla. 1916).

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Opinion

HARDY, J.

Defendant in error files motion to dismiss because petition in error was not filed in this court within six months from the date of the order appealed from. Judgment was entered on the 18th day of August, 1915. Motion for new trial was overruled August 26, 1915, and case-made filed in the office of the clerk of this court on February 25, 1916, but no petition in error was filed therewith within the six months’ period fixed by the statute. Section 5240, Rev. Laws 1910; Dill v. Flesher, ante, p. 359, 156 Pac. 1191; King w. Horse Chief Eagle, 23 Okla. 532, 101 Pac. 1135.

The motion to dismiss is sustained.

All the Justices concur, except THACKER, J., absent.

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HARDY, J.

Defendant in error files motion to dismiss because petition in error was not filed in this court within six months from the date of the order appealed from. Judgment was entered on the 18th day of August, 1915. Motion for new trial was overruled August 26, 1915, and case-made filed in the office of the clerk of this court on February 25, 1916, but no petition in error was filed therewith within the six months’ period fixed by the statute. Section 5240, Rev. Laws 1910; Dill v. Flesher, ante, p. 359, 156 Pac. 1191; King w. Horse Chief Eagle, 23 Okla. 532, 101 Pac. 1135.

The motion to dismiss is sustained.

All the Justices concur, except THACKER, J., absent.

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Bluebook (online)

1916 OK 575, 157 P. 1034, 53 Okla. 711, 1916 Okla. LEXIS 452, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-state-bank-of-mangum-v-biffle-okla-1916.

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