Wilhoit v. Haswell

Supreme Court of Oklahoma

Wilhoit v. Haswell

1914 OK 66, 138 P. 794, 40 Okla. 387, 1914 Okla. LEXIS 36

CourtSupreme Court of Oklahoma

DecidedFebruary 10, 1914

Docket4463

StatusPublished

This text of 1914 OK 66 (Wilhoit v. Haswell) 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

Wilhoit v. Haswell, 1914 OK 66, 138 P. 794, 40 Okla. 387, 1914 Okla. LEXIS 36 (Okla. 1914).

Pincite

Opinion

KANE, J.

This cause comes on to be heard upon the motion to dismiss the proceeding- in error, filed by the defendant in error, upon the grounds that the proceeding instituted in this court was based upon what purports to be a transcript of the record of the said cause in the trial court; that no case-made or bill of exceptions is attached to the petition in error filed in this court in the above-entitled cause; that the judgment of the trial court in said cause was rendered on the 23d day of January, 1912, and no appeal was filed in this court until October 19, 1912; that by reason of the fact that more than six months expired between the date of the rendition of the order appealed from and the time said appeal was filed in this court, this court has no jurisdiction in the above-entitled cause.

The motion to dismiss must be sustained.

All the Justices concur.

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KANE, J.

This cause comes on to be heard upon the motion to dismiss the proceeding- in error, filed by the defendant in error, upon the grounds that the proceeding instituted in this court was based upon what purports to be a transcript of the record of the said cause in the trial court; that no case-made or bill of exceptions is attached to the petition in error filed in this court in the above-entitled cause; that the judgment of the trial court in said cause was rendered on the 23d day of January, 1912, and no appeal was filed in this court until October 19, 1912; that by reason of the fact that more than six months expired between the date of the rendition of the order appealed from and the time said appeal was filed in this court, this court has no jurisdiction in the above-entitled cause.

The motion to dismiss must be sustained.

All the Justices concur.

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Bluebook (online)

1914 OK 66, 138 P. 794, 40 Okla. 387, 1914 Okla. LEXIS 36, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilhoit-v-haswell-okla-1914.