Spaulding Mfg. Co. v. Buckholtz

Supreme Court of Oklahoma

Spaulding Mfg. Co. v. Buckholtz

1913 OK 599, 135 P. 1052, 40 Okla. 54, 1913 Okla. LEXIS 13

CourtSupreme Court of Oklahoma

DecidedOctober 14, 1913

Docket5516

StatusPublished

Cited by1 cases

This text of 1913 OK 599 (Spaulding Mfg. Co. v. Buckholtz) 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

Spaulding Mfg. Co. v. Buckholtz, 1913 OK 599, 135 P. 1052, 40 Okla. 54, 1913 Okla. LEXIS 13 (Okla. 1913).

Pincite

Opinion

PER CURIAM.

In this case the demurrer of G. W. Buckholtz, defendant in error, was sustained to the petition of the plaintiff, Spaulding Manufacturing Company, February 27, 1913, and a motion for a new trial was overruled that same day in the trial court. Petition in error and case-made was filed in this court August 26, 1913, but there was no waiver of issuance and service of summons in error until August 29, 1913, or until after six months had expired from the date of the judgment. Neither was a praecipe for summons in error filed or summons issued thereon or a general appearance made within six months. This being the state of the record, the law in Watkins et al. v. Barnwell. 35 Okla. 205. 128 Pac. 511, rules this case.

*55 The motion to dismiss is sustained, and the cause ordered dismissed.

All the Justices concur, except WILLIAMS, J., absent and not participating.

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

PER CURIAM.

In this case the demurrer of G. W. Buckholtz, defendant in error, was sustained to the petition of the plaintiff, Spaulding Manufacturing Company, February 27, 1913, and a motion for a new trial was overruled that same day in the trial court. Petition in error and case-made was filed in this court August 26, 1913, but there was no waiver of issuance and service of summons in error until August 29, 1913, or until after six months had expired from the date of the judgment. Neither was a praecipe for summons in error filed or summons issued thereon or a general appearance made within six months. This being the state of the record, the law in Watkins et al. v. Barnwell. 35 Okla. 205. 128 Pac. 511, rules this case.

*55 The motion to dismiss is sustained, and the cause ordered dismissed.

All the Justices concur, except WILLIAMS, J., absent and not participating.

Cite This Page — Counsel Stack

Bluebook (online)

1913 OK 599, 135 P. 1052, 40 Okla. 54, 1913 Okla. LEXIS 13, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spaulding-mfg-co-v-buckholtz-okla-1913.

Opinion

Related

Cite This Page — Counsel Stack