Park v. Merrill

Supreme Court of Oklahoma

Park v. Merrill

1912 OK 647, 128 P. 1131, 35 Okla. 208, 1912 Okla. LEXIS 549

CourtSupreme Court of Oklahoma

DecidedOctober 15, 1912

Docket3864

StatusPublished

This text of 1912 OK 647 (Park v. Merrill) 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

Park v. Merrill, 1912 OK 647, 128 P. 1131, 35 Okla. 208, 1912 Okla. LEXIS 549 (Okla. 1912).

Pincite

Opinion

KANE, J.

This cause comes on to be heard upon the motion of the defendants in error to dismiss the appeal, upon the ground, among others, that no summons in error has ever issued in said cause, and no attempt has been made to obtain service upon any of the defendants in error, though more than eighteen months have elapsed since the rendition of the judgment in said cause and overruling of the motion for new trial, and more than four months have transpired since the filing of said cause in the Supreme Court. It has many times been held by this court that this is a sufficient ground for dismissal. The motion to dismiss must be sustained.

TURNER, C. J., and WILLIAMS and DUNN, JJ, concur; HAYES, J., absent and not participating.

Free access — add to your briefcase to read the full text and ask questions with AI

KANE, J.

This cause comes on to be heard upon the motion of the defendants in error to dismiss the appeal, upon the ground, among others, that no summons in error has ever issued in said cause, and no attempt has been made to obtain service upon any of the defendants in error, though more than eighteen months have elapsed since the rendition of the judgment in said cause and overruling of the motion for new trial, and more than four months have transpired since the filing of said cause in the Supreme Court. It has many times been held by this court that this is a sufficient ground for dismissal. The motion to dismiss must be sustained.

TURNER, C. J., and WILLIAMS and DUNN, JJ, concur; HAYES, J., absent and not participating.

Cite This Page — Counsel Stack

Bluebook (online)

1912 OK 647, 128 P. 1131, 35 Okla. 208, 1912 Okla. LEXIS 549, Counsel Stack Legal Research, https://law.counselstack.com/opinion/park-v-merrill-okla-1912.