Martin v. Martin
This text of 1923 OK 39 (Martin v. Martin) 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.
Opinion
This action now stands for hearing upon motion to dismiss appeal for failure to comply with a former order of this court, response thereto and reply.
On the 26th day of September, 1922, this court, upon application of defendant in error, made an order awarding her alimony, pen-dente lite, in the sum of $50 per' month. Only one payment has been made, and plaintiff in error is in default as to the other payments. Plaintiff in error undertakes to excuse his default by saying that he is not financially able to make the payments. This is not .a sufficient Showing in face of the fact as appears from the reply of defendant in error, which D not controverted by affidavit or otherwise — that plain *154 tiff in error .is in possession of the home, all 'Of the real estate, live stock, feed, household goods, and all of the property accumulated by the parties during a period- of more than 20 years of -married life.
The order of the court must be treated as a reasonable order and failure to comply therewith is ground for dismissal of the appeal.
Adhering to the rule laid down in Spradling v. Spradling, 74 Oklahoma, 181 Pac. 148, and Hansing v. Hansing, 76 Okla. 34, 183 Pac. 978, the appeal is dismissed.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
1923 OK 39, 212 P. 310, 88 Okla. 153, 1923 Okla. LEXIS 565, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-martin-okla-1923.