Fishencord v. Peterson

1938 OK 192, 77 P.2d 706, 182 Okla. 315, 1938 Okla. LEXIS 535

• Court: Supreme Court of Oklahoma
• Decided: March 22, 1938
• Docket: No. 28115.
• Status: Published

Opinion

PER CURIAM.

The parties will be referred to as plaintiffs and defendants, as they appeared in the trial court.

Plaintiffs filed an action for damages. On the 5th day of March, 1937, the court sustained a demurrer to the amended petition and dismissed the action. No notice of intention to appeal was given until the 18th day of March, 1938. A motion to dismiss has been filed on the ground that this court is without jurisdiction of the appeal. The appeal must he dismissed. Blackmon v. Reid, 170 Okla. 122, 38 P.2d 957; Thomas v. Richey, 171 Okla. 349, 42 P.2d 489. In Thomas v. Richey, supra, we held;

“Section 531, O. S. 1931, is mandatory, and, among other things, provides that ‘the party desiring to appeal shall give notice in open court, either at the time the judgment is rendered, or within ten days thereafter, of his intentions to appeal to the Supreme Court,’ and an attempted apneal not in conformity with the provisions of the statute will be dismissed.”

The appeal is dismissed.

BAYLESS, V. C. X. and PHELPS, CORN, GIBSON, and HURST, JJ., concur.