HEMBREE v. ROBERTSON

HEMBREE v. ROBERTSON
1943 OK 426
143 P.2d 1008
193 Okla. 403
Case Number: 31538
Decided: 12/21/1943
Supreme Court of Oklahoma

HEMBREE
v.
ROBERTSON

Syllabus

¶0 APPEAL AND ERROR--Dismissal of appeal on jurisdictional grounds in accordance with motion where no response filed.
Where the defendant in error has filed a motion to dismiss upon jurisdictional grounds, and this court has ordered the plaintiff in error to respond thereto and no response has been filed, it is not the duty of this court to inquire further into the jurisdiction where the authorities cited by the movant reasonably sustain the lack of jurisdiction.

Appeal from District Court, Oklahoma County; A. P. Van Meter, Judge.

Action by H. C. Robertson, by Henry L. Claiborne, assignee, against Jess Hembree. Order for the defendant to answer as to assets on proceeding after judgment. From an adverse judgment, defendant appeals. Dismissed.

Frank Wilton Jones, of Oklahoma City, for plaintiff in error.
Smith & Buckles and Bliss Kelly, all of Oklahoma City, for defendant in error.

PER CURIAM.

¶1 This is an appeal from an order of the court made after judgment directing the defendant to disclose assets. On the 9th day of August, 1943, the defendant in error filed a motion to dismiss upon jurisdictional grounds. We have examined the authorities cited by movant herein and they reasonably sustain the proposition urged by the defendant in error that the appeal was not perfected by due and proper service of the case-made. Upon such examination we called for a response on the part of the plaintiff in error and no response has been filed.

¶2 As held by this court in French v. Bragg, 177 Okla. 43, 55 P.2d 953, it is not the duty of this court to search for some theory upon which to sustain the jurisdiction to hear the cause.

¶3 The appeal is therefore dismissed.

¶4 CORN, C.J., and RILEY, OSBORN, BAYLESS, WELCH, HURST, DAVISON, and ARNOLD, JJ., concur. GIBSON, V.C.J., absent.