J. B. Acton, Inc. v. Dirion

Supreme Court of Oklahoma

J. B. Acton, Inc. v. Dirion

1958 OK 156, 329 P.2d 675, 1958 Okla. LEXIS 546

CourtSupreme Court of Oklahoma

DecidedJune 17, 1958

DocketNo. 37992

StatusPublished

This text of 1958 OK 156 (J. B. Acton, Inc. v. Dirion) 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

J. B. Acton, Inc. v. Dirion, 1958 OK 156, 329 P.2d 675, 1958 Okla. LEXIS 546 (Okla. 1958).

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Opinion

CORN, Vice Chief Justice.

This is an attempted appeal by petition in error, with case-made attached, from a judgment of the District Court of Tulsa County, Oklahoma, in an action for damages by reason of personal injuries suffered in an accident. Judgment was rendered by the court on the 26th day of April, 1957. The motion for new trial, timely filed, was overruled May 27, 1957. Notice of appeal to this court was given. The case-made was settled and signed by the trial judge on September 4, 1957 and was filed in the District Court of Tulsa County, on the same date. The petition in error, with case-made attached, was not filed in this Court until the 30th day of September, 1957, which was more than twenty days from the date the case-made was settled and signed.

Our statute requires that all proceedings by case-made be commenced within twenty days from the date the case-made is settled. 12 O.S.1957, Supp. Sec. 972. It is apparent that this court is without jurisdiction to review the appeal.

Appeal dismissed.

HALLEY, JOHNSON, WILLIAMS, BLACKBIRD and JACKSON, JJ., concur.

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CORN, Vice Chief Justice.

This is an attempted appeal by petition in error, with case-made attached, from a judgment of the District Court of Tulsa County, Oklahoma, in an action for damages by reason of personal injuries suffered in an accident. Judgment was rendered by the court on the 26th day of April, 1957. The motion for new trial, timely filed, was overruled May 27, 1957. Notice of appeal to this court was given. The case-made was settled and signed by the trial judge on September 4, 1957 and was filed in the District Court of Tulsa County, on the same date. The petition in error, with case-made attached, was not filed in this Court until the 30th day of September, 1957, which was more than twenty days from the date the case-made was settled and signed.

Our statute requires that all proceedings by case-made be commenced within twenty days from the date the case-made is settled. 12 O.S.1957, Supp. Sec. 972. It is apparent that this court is without jurisdiction to review the appeal.

Appeal dismissed.

HALLEY, JOHNSON, WILLIAMS, BLACKBIRD and JACKSON, JJ., concur.

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Bluebook (online)

1958 OK 156, 329 P.2d 675, 1958 Okla. LEXIS 546, Counsel Stack Legal Research, https://law.counselstack.com/opinion/j-b-acton-inc-v-dirion-okla-1958.