Sadler v. Board of Com'rs of Mayes County
This text of 1933 OK 174 (Sadler v. Board of Com'rs of Mayes County) 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
On the 28th day of October, 1931, in a proceeding before the district court of Mayes county, a judgment was entered against the plaintiffs in error sustaining a demurrer to the petition of plaintiffs in error respecting the claims as to certain property sold and resold and bought in by the board of county commissioners of that county.
From a final order thereafter, on the 31st day of October, 1931, appellants herein attempted to predicate an appeal based upon, the overruling of a motion for new trial.
This court has uniformly held that no-motion for new trial is necessary or proper upon the order of the court sustaining the demurrer to the petition, and a case-made' based upon the order overruling the motion for new trial is a nullity and brings nothing, to this court for review unless the same is filed within six months from the original order sustaining the demurrer to the petition. Mires v. Hogan, 79 Okla. 233, 192 P. 811. The appeal is, therefore, dismissed.
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Cite This Page — Counsel Stack
1933 OK 174, 19 P.2d 1068, 162 Okla. 303, 1933 Okla. LEXIS 591, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sadler-v-board-of-comrs-of-mayes-county-okla-1933.