PATTERSON v. BYERSAnnotate this Case
McCONNELL v. SECURITY STATE BANK et al.
1912 OK 809
128 P. 682
35 Okla. 151
Case Number: 3062
Supreme Court of Oklahoma
SECURITY STATE BANK et al.
¶0 APPEAL AND ERROR--Dismissal--Service of Summons. A petition in error will be dismissed on motion, even though the same is filed in this court within the time allowed under the statute, where no waiver of issuance and service of summons in error is had, and no praecipe for same is filed, and no summons issued or general appearance made within such time.
Chas. H. Garnett and Ernest Chambers, for plaintiff in error.
Appleget & Herod, for defendants in error.
¶1 Judgment was rendered in this cause on the 8th day of July, 1910. On the 4th day of January, 1911, plaintiff in error filed his motion to vacate the judgment and decree, which motion was on the 4th day of January, 1911, overruled. Petition in error and case-made were filed in this court on September 20, 1911. No waiver of issuance and service of summons in error and no praecipe for same has been filed, and no summons issued or general appearance made up to this date. Defendants in error have moved to dismiss the appeal, for the reason that no summons in error has been issued, served, or waived, and that no praecipe therefor has been filed within the time required by law. The motion is well taken; and upon the authority of City of Lawton v. Connor, 25 Okla. 398, 106 P. 647, Chicago, R. I. & P. Ry. Co. v. Bradham, 24 Okla. 250, 103 P. 591, and McMurtry v. Byrd et al., 23 Okla. 597, 101 P. 1117, the appeal is dismissed.
¶2 All the Justices concur.