Price v. Payne

Supreme Court of Oklahoma

Price v. Payne

1936 OK 654, 61 P.2d 474, 178 Okla. 21, 1936 Okla. LEXIS 470

CourtSupreme Court of Oklahoma

DecidedOctober 20, 1936

DocketNo. 26945.

StatusPublished

This text of 1936 OK 654 (Price v. Payne) 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

Price v. Payne, 1936 OK 654, 61 P.2d 474, 178 Okla. 21, 1936 Okla. LEXIS 470 (Okla. 1936).

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Opinion

PER CURIAM.

This appeal was filed in this court January 31, 1936. The only judgment rendered appears under the date of July 19, 1935. The minutes of the clerk show that a motion for new trial was filed and overruled, but the order overruling the same was never filed of record and is not contained in the case-made. A motion to dismiss has been filed which is not contested. The appeal must be dismissed for the reason that it was not filed within six months from the date of the judgment of July 19, 1935, and for the further reason that if the appeal is attempted from the order overruling the motion for new trial, it is necessary that the record contain a copy of the order overruling the motion for new trial. Lillard v. Meisberger, 113 Okla. 228, 240 P. 1067; Reeser Motor Co. v. Reiehelderfer, 161 Okla. 282, 18 P. (2d) 515.

'l'lie appeal is therefore dismissed.

McNBILL, C. J., OSBORN, V. O. ,T„ and PI-IELPS, CORN, and GIBSON, JJ., concur. RILEY, BAYLESS, BUSIBY, and WELCH, JJ., absent.

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PER CURIAM.

This appeal was filed in this court January 31, 1936. The only judgment rendered appears under the date of July 19, 1935. The minutes of the clerk show that a motion for new trial was filed and overruled, but the order overruling the same was never filed of record and is not contained in the case-made. A motion to dismiss has been filed which is not contested. The appeal must be dismissed for the reason that it was not filed within six months from the date of the judgment of July 19, 1935, and for the further reason that if the appeal is attempted from the order overruling the motion for new trial, it is necessary that the record contain a copy of the order overruling the motion for new trial. Lillard v. Meisberger, 113 Okla. 228, 240 P. 1067; Reeser Motor Co. v. Reiehelderfer, 161 Okla. 282, 18 P. (2d) 515.

'l'lie appeal is therefore dismissed.

McNBILL, C. J., OSBORN, V. O. ,T„ and PI-IELPS, CORN, and GIBSON, JJ., concur. RILEY, BAYLESS, BUSIBY, and WELCH, JJ., absent.

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Bluebook (online)

1936 OK 654, 61 P.2d 474, 178 Okla. 21, 1936 Okla. LEXIS 470, Counsel Stack Legal Research, https://law.counselstack.com/opinion/price-v-payne-okla-1936.

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