Terry v. Moore

Supreme Court of Oklahoma

Terry v. Moore

1918 OK 495, 174 P. 757, 71 Okla. 8, 1918 Okla. LEXIS 842

CourtSupreme Court of Oklahoma

DecidedAugust 27, 1918

Docket9787

StatusPublished

This text of 1918 OK 495 (Terry v. Moore) 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

Terry v. Moore, 1918 OK 495, 174 P. 757, 71 Okla. 8, 1918 Okla. LEXIS 842 (Okla. 1918).

Pincite

Opinion

KANE, J.

This cause comes on to be heard upon the motion to dismiss appeal filed by counsel for defendant in error upon the following grounds: (1) Because the case-madel in this cause was not filed in the trial court, as is required by law: (2) because the case-made in this cause was not served within the time required by law; (3) because the case-made in this cause was not settled within the time required by law; (4) because the ease-made in this cause was not filed in the Supreme Court of the state of Oklahoma within the time allowed by law. This motion is accompanied by a brief containing the citation of many authorities which seem to support each of the grounds for dismissal.

There is no response to th^ motion to dismiss on behalf of thej plaintiff in error, and no contention made that the record is not in the condition stated by counsel for defendant in error in their motion and briejf. In these circumstances we will assume that the motion to dismiss states the facts correctly, and dismiss the appeal for the reasons stated therein. Motion to dismiss appeal is therefor sustained.

All the Justices concur.

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KANE, J.

This cause comes on to be heard upon the motion to dismiss appeal filed by counsel for defendant in error upon the following grounds: (1) Because the case-madel in this cause was not filed in the trial court, as is required by law: (2) because the case-made in this cause was not served within the time required by law; (3) because the case-made in this cause was not settled within the time required by law; (4) because the ease-made in this cause was not filed in the Supreme Court of the state of Oklahoma within the time allowed by law. This motion is accompanied by a brief containing the citation of many authorities which seem to support each of the grounds for dismissal.

There is no response to th^ motion to dismiss on behalf of thej plaintiff in error, and no contention made that the record is not in the condition stated by counsel for defendant in error in their motion and briejf. In these circumstances we will assume that the motion to dismiss states the facts correctly, and dismiss the appeal for the reasons stated therein. Motion to dismiss appeal is therefor sustained.

All the Justices concur.

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Bluebook (online)

1918 OK 495, 174 P. 757, 71 Okla. 8, 1918 Okla. LEXIS 842, Counsel Stack Legal Research, https://law.counselstack.com/opinion/terry-v-moore-okla-1918.