SCOTT v. RIGGS OPTICAL CO.

SCOTT v. RIGGS OPTICAL CO.
1935 OK 1059
51 P.2d 497
175 Okla. 54
Case Number: 26671
Decided: 10/29/1935
Supreme Court of Oklahoma

SCOTT
v.
RIGGS OPTICAL CO.

Syllabus

¶0 Appeal and Error- -Time for Proceedings.
A proceeding in error not commenced within six months from the date of the order from which the appeal is taken will be dismissed.

Appeal from Common Pleas Court, Tulsa County; Leslie Webb, Judge.

Action in replevin by the Riggs Optical Company against Dr. Paul H. Scott. From judgment for plaintiff, defendant appeals. Dismissed.

James R. Gernert, for plaintiff in error.
Robert Woolsey, for defendant in error.

PER CURIAM.

¶1 The order overruling motion for new trial was entered March 30, 1935. The appeal was not filed herein until October l, 1935. Section 547, O. S. 1931, and many cases decided by this court require that this case be dismissed for failure to file the appeal within six months from the date of the judgment appealed from.

¶2 The appeal is therefore dismissed.