Garland v. Henderson

Supreme Court of Oklahoma

Garland v. Henderson

1914 OK 472, 143 P. 661, 43 Okla. 597, 1914 Okla. LEXIS 574

CourtSupreme Court of Oklahoma

DecidedOctober 13, 1914

Docket5450

StatusPublished

Cited by1 cases

This text of 1914 OK 472 (Garland v. Henderson) 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

Garland v. Henderson, 1914 OK 472, 143 P. 661, 43 Okla. 597, 1914 Okla. LEXIS 574 (Okla. 1914).

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Opinion

TURNER, J.

The judgment from which this appeal is prosecuted was rendered on February 14, 1913, and the motion for new trial was overruled February 25, 1913. 'The petition in error was filed in this court on August 8, 1913. The statutory period for perfecting an appeal (chapter 18, p. 35, Sess. Laws 1910-11) has long since expired, and as no praecipe for summons in error has been filed, no summons in error issued, nor any waiver of issuance of summons or entry of general appearance by defendants in error been made, this proceeding in error must be dismissed for want of jurisdiction. Anderson v. McMahon et al., 33 Okla. 377, 125 Pac. 455, and cases cited.

The motion to dismiss is sustained.

All the Justices concur.

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TURNER, J.

The judgment from which this appeal is prosecuted was rendered on February 14, 1913, and the motion for new trial was overruled February 25, 1913. 'The petition in error was filed in this court on August 8, 1913. The statutory period for perfecting an appeal (chapter 18, p. 35, Sess. Laws 1910-11) has long since expired, and as no praecipe for summons in error has been filed, no summons in error issued, nor any waiver of issuance of summons or entry of general appearance by defendants in error been made, this proceeding in error must be dismissed for want of jurisdiction. Anderson v. McMahon et al., 33 Okla. 377, 125 Pac. 455, and cases cited.

The motion to dismiss is sustained.

All the Justices concur.

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Bluebook (online)

1914 OK 472, 143 P. 661, 43 Okla. 597, 1914 Okla. LEXIS 574, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garland-v-henderson-okla-1914.

Opinion

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