KING v. ED HOCKADAY & CO.

KING v. ED HOCKADAY & CO.
1910 OK 228
118 P. 256
29 Okla. 194
Case Number: 1735
Decided: 07/12/1910
Supreme Court of Oklahoma

KING et al.
v.
ED HOCKADAY & CO.

Syllabus

¶0 APPEAL AND ERROR--Time of Taking--Dismissal. Under section 6082, Compiled Laws of Oklahoma 1909, proceedings for reversing, vacating, or modifying a judgment or final order must be commenced in the Supreme Court within one year after the rendition of the judgment or making of the final order which is sought to be reviewed in this court, unless the person entitled to such proceeding be under disability as provided in said section.

Error from District Court, Kingfisher County; A. H. Huston, Judge.

Action between George M. King and another anti Ed Hockaday & Co. From the judgment, King and another bring error. Dismissed.

F. L. Boynton and Robberts & Curran, for plaintiffs in error.
D. K. Cunningham and W. A. McCartney, for defendants in error.

HAYES, J.

¶1 This proceeding is now before us upon motion of defendants in error to dismiss. The motion for a new trial was overruled by the trial court on May 28, 1909. The petition in error and case-made were filed in this court on May 31, 1910, more than one year after the order of the trial court overruling the motion for a new trial. This court is therefore, upon the authority of the following cases, without jurisdiction to review the matters complained of in this proceeding: Sumner et al. v. Sherwood, 25 Okla. 70, 105 P. 642; Court of Honor v. Wallace, 23 Okla. 734, 102 P. 111; McMurtry v. Byrd et al., 23 Okla. 597, 101 P. 1117; Hebeison v. Hatchell, 17 Okla. 260, 87 P. 643.

¶2 The motion to dismiss is sustained.

¶3 All the Justices concur.