Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

DAWSON SCHREINER v. DAVIS BROS. CHEESE COMPANY

APPEAL AND ERROR — Petition in Error — Time for Filling — Dismissal. Where more than six months has intervened between the rendition of the final order sought to be reviewed and the filing of the petition in error in the Supreme Court, this court has no jurisdiction to review such final order.

(Syllabus by the Court.)

PER CURIAM.

Defendants in error brought this action against plaintiffs in error to recover on account for goods, wares, and merchandise the sum of $1,090.85. Plaintiffs in error were duly served with summons, but filed no answer. Thereafter, on the 17th day of February, 1915, the cause came on for trial, and judgment was rendered against plaintiffs in error on default for the amount sued for.

Defendants in error have moved to dismiss this appeal, for the reason, among others, that this court has no jurisdiction to hear and determine this cause, since the appeal was not perfected within the time provided by law. As above stated, judgment was rendered on default against plaintiffs in error on the 17th day of February, 1915. The petition in error, with transcript attached, was not filed in this court until November 3, 1915, more than six months from the date of the rendition of the judgment sought to be reviewed. Therefore the motion to dismiss is well taken, and upon the authority of Caswell v. Eaton, 43 Okla. 718, 144 P. 591; Honley v. First Nat. Bank, 35 Okla. 649, 130 P. 945, and Thorne v. Harris, 35 Okla. 645, 130 P. 906, the appeal is dismissed.

All the Justices concur.

Use AI to get other relevant cases.

Comments

DAWSON SCHREINER v. DAVIS BROS. CHEESE COMPANY
(Mar 14, 1916)