GWINNUP v. GRIFFINS

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PARK v. MERRILL et al.
1912 OK 647
128 P. 1131
35 Okla. 208
Case Number: 3864
Decided: 10/15/1912
Supreme Court of Oklahoma

PARK
v.
MERRILL et al.

¶0 December, 1912, Decided

Error from District Court, Pottawatomie County; Chas. B. Wilson, Jr., Judge. Action between Howard C. Park and M. F. Merrill and others. From the judgment, Park brings error. Dismissed.

W. S. Pendleton, for plaintiff in error.
Blakeney, Maxey & Miley, for defendants in error.

KANE, J.

¶1 This cause comes on to be heard upon the motion of the defendants in error to dismiss the appeal, upon the ground, among others, that no summons in error has ever issued in said cause, and no attempt has been made to obtain service upon any of the defendants in error, though more than eighteen months have elapsed since the rendition of the judgment in said cause and overruling of the motion for new trial, and more than four months have transpired since the filing of said cause in the Supreme Court. It has many times been held by this court that this is a sufficient ground for dismissal. The motion to dismiss must be sustained.

¶2 KANE, J. TURNER, C. J., and WILLIAMS and DUNN, JJ., concur; HAYES, J., absent and not participating.