Gaskin v. Simmons-Burk Clothing Co.

Supreme Court of Oklahoma

Gaskin v. Simmons-Burk Clothing Co.

1913 OK 357, 132 P. 821, 38 Okla. 228, 1913 Okla. LEXIS 349

CourtSupreme Court of Oklahoma

DecidedMay 27, 1913

Docket4846

StatusPublished

Cited by3 cases

This text of 1913 OK 357 (Gaskin v. Simmons-Burk Clothing Co.) 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

Gaskin v. Simmons-Burk Clothing Co., 1913 OK 357, 132 P. 821, 38 Okla. 228, 1913 Okla. LEXIS 349 (Okla. 1913).

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Opinion

DENN, J.

This ease presents error from the county court of Jefferson county. April 30, 1912, the motion for a new trial was denied, from which order the defendant, on February 27, 1913, began proceedings in error in this court by filing his petition in error with case-made attached. April 30, 1913, counsel for plaintiff filed motion -to dismiss because the proceeding in error was not begun in this court within six months from the rendition of the judgment or final order complained of. In view of the provisions of chapter 18, p. 35, Sess. Laws 1910-11, wherein it is provided that all proceedings for reversing, vacating, or modifying judgments or final orders shall be commenced within six months from the rendition of the judgment or final order complained of, the motion must be sustained.

All the Justices concur.

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DENN, J.

This ease presents error from the county court of Jefferson county. April 30, 1912, the motion for a new trial was denied, from which order the defendant, on February 27, 1913, began proceedings in error in this court by filing his petition in error with case-made attached. April 30, 1913, counsel for plaintiff filed motion -to dismiss because the proceeding in error was not begun in this court within six months from the rendition of the judgment or final order complained of. In view of the provisions of chapter 18, p. 35, Sess. Laws 1910-11, wherein it is provided that all proceedings for reversing, vacating, or modifying judgments or final orders shall be commenced within six months from the rendition of the judgment or final order complained of, the motion must be sustained.

All the Justices concur.

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Bluebook (online)

1913 OK 357, 132 P. 821, 38 Okla. 228, 1913 Okla. LEXIS 349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gaskin-v-simmons-burk-clothing-co-okla-1913.

Opinion

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