COPE v. STATE BANK OF COMMERCE

COPE v. STATE BANK OF COMMERCE
1922 OK 74
205 P. 131
85 Okla. 203
Case Number: 11288
Decided: 03/07/1922
Supreme Court of Oklahoma

COPE
v.
STATE BANK OF COMMERCE.

Syllabus

¶0 Appeal and Error--Time to Appeal--Temporary Injunction.
The petition in error, in an appeal from an order discharging a temporary injunction, must be filed in the Supreme Court within a time fixed by the trial court, not exceeding 30 days from such discharge. Harn v. Oklahoma City et al., 43 Okla. 501, 148 P. 1040.

Error from District Court, Beaver County; Arthur G. Sutton, Judge.

Action between Clifton C. Cope and the State Bank of Commerce. From order discharging temporary injunction, the former brings error. Dismissed.

D. W. Buckner, for plaintiff in error.
J. W. Culwell, for defendant in error.

OPINION: PER CURIAM.

¶1 This is an appeal from an order discharging a temporary injunction, but not filed in this court within 30 days from the date of the order appealed from. The order was made December 20, 1919, and appeal filed in this court March 27, 1921.

¶2 Under section 5266, Revised Laws of 1910, this court is without jurisdiction over the subject-matter. Herring et al. v. Wiggins, 7 Okla. 312, 54 P. 483; Pioneer Tel. & Tel. Co. v. Inc. Town of Chelsea, 23 Okla. 720, 102 P. 83; White v. Hooker et al., 47 Okla. 453, 148 P. 719; Harn v. Oklahoma City et al., 43 Okla. 501, 148 P. 1040; Orr et al. v. City of Cushing, 66 Okla. 153, 168 P. 223.