VERSCHOYLE v. McDANIELS

VERSCHOYLE v. McDANIELS
1927 OK 366
260 P. 55
127 Okla. 166
Case Number: 18754
Decided: 10/18/1927
Supreme Court of Oklahoma

VERSCHOYLE
v.
McDANIELS et al.

Syllabus

¶0 Appeal and Error--Dismissal of Appeal not Perfected Within Six Months.
Where petition in error is not filed in this court until after the expiration of six months from the date of the final judgment complained of, this court has no jurisdiction over the subject-matter, and the appeal will be dismissed.

Error from District Court, Stephens County; M. W. Pugh, Judge.

Action between C. H. Verschoyle and Laura Lee McDaniels et al. From the judgment, the former brings error. Dismissed.

Womack, Brown & Cund, for plaintiff in error
H. W. Sitton, for defendants in error.

PER CURIAM.

¶1 This is an appeal from the judgment of the district court of Stephens county rendered on the 17th day of February, 1927. The motion for new trial was overruled on the 18th day of March, 1927. The petition in error with case-made attached was filed in this court on September 21, 1927.

¶2 The defendants in error have filed herein their motion to dismiss the appeal in this cause for the reason that this proceeding was not commenced within six months from the rendition of the judgment or order overruling a motion for new trial.

¶3 Section 798, C. O. S. 1921, provides that all proceedings for reversing, vacating, or modifying a judgment or final order shall be commenced within six months from the rendition of the judgment or final order complained of.