Oklahoma City v. Wheeland

Supreme Court of Oklahoma

Oklahoma City v. Wheeland

1914 OK 26, 137 P. 1172, 40 Okla. 308, 1914 Okla. LEXIS 16

CourtSupreme Court of Oklahoma

DecidedJanuary 13, 1914

Docket5408

StatusPublished

Cited by1 cases

This text of 1914 OK 26 (Oklahoma City v. Wheeland) 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

Oklahoma City v. Wheeland, 1914 OK 26, 137 P. 1172, 40 Okla. 308, 1914 Okla. LEXIS 16 (Okla. 1914).

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Opinion

HAYES, C. J.

The judgment from which this appeal is attempted to be prosecuted was rendered in the court below on February 1, 1913. Petition in error and case-made were filed in this court on July 31, 1913. No waiver of issuance and service of summons in error and no praecipe for same was filed within the time allowed by chapter 18, p. 35, Sess. Laws 1910-11, and no general appearance has been made. Defendants in error have moved to dismiss the appeal, for the reason that no summons in error has been -issued, served, or waived, and that no praecipe therefor has been filed within the time required by law. Upon the authority of McConnell v. Security State Bank et al., 35 Okla. 151, 128 Pac. 683, and authorities therein cited, the appeal must be dismissed; and it is so ordered.

All the Justices concur.

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HAYES, C. J.

The judgment from which this appeal is attempted to be prosecuted was rendered in the court below on February 1, 1913. Petition in error and case-made were filed in this court on July 31, 1913. No waiver of issuance and service of summons in error and no praecipe for same was filed within the time allowed by chapter 18, p. 35, Sess. Laws 1910-11, and no general appearance has been made. Defendants in error have moved to dismiss the appeal, for the reason that no summons in error has been -issued, served, or waived, and that no praecipe therefor has been filed within the time required by law. Upon the authority of McConnell v. Security State Bank et al., 35 Okla. 151, 128 Pac. 683, and authorities therein cited, the appeal must be dismissed; and it is so ordered.

All the Justices concur.

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Bluebook (online)

1914 OK 26, 137 P. 1172, 40 Okla. 308, 1914 Okla. LEXIS 16, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oklahoma-city-v-wheeland-okla-1914.

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