PALMER-GREGORY CHIROPRACTIC COLLEGE v. HART

PALMER-GREGORY CHIROPRACTIC COLLEGE v. HART
1910 OK 243
110 P. 725
26 Okla. 855
Case Number: 1517
Decided: 07/12/1910
Supreme Court of Oklahoma

PALMER-GREGORY CHIROPRACTIC COLLEGE
v.
HART.

Syllabus

¶0 APPEAL AND ERROR-- Expiration of Time--Dismissal. Where more than one year has intervened between the rendition of the judgment or final order sought to be reviewed and the filing of the petition in error in the Supreme Court, this court is without jurisdiction to review the judgment of the trial court.

Error from Superior Court, Oklahoma County; A. N. Munden, Judge.

Action by the Palmer-Gregory Chiropractic College against Charlott D. Hart. From a judgment sustaining a demurrer to the petition, plaintiff brings error. Dismissed.

L. D. Mitchell and Everest, Smith & Campbell, for plaintiff in error.
W. A. Staley and W. M. Engart, for defendant in error.

DUNN, C. J.

¶1 This case presents error from the superior court of Oklahoma county. The final judgment of the district court in which a demurrer to the petition is sustained was entered January 8, 1909. A petition in error was filed in this court April 11, 1910; the same being more than three months over a year from the date of the judgment. The result of the delay in the commencement of the proceedings in error is that this court is without jurisdiction to entertain the case. Doorley v. Buford & George Mfg. Co., 5 Okla. 594, 49 P. 936; Ryland et al. v. W. H. Coyle et al., 7 Okla. 226, 54 P. 456; Hebeisen v. Hatchell, 17 Okla. 260, 87 P. 643; Strange et al. v. Crismon, 22 Okla. 841, 98 P. 937; Sumner et al. v. Sherwood, 25 Okla. 70, 105 P. 642. And in the case of John v. Paullin et al., 24 Okla. 636, 106 P. 838, it was held that, after the statutory time for appeal has elapsed, a judgment cannot be reviewed even if all the parties stipulate that the appellate court may do so.

¶2 The action not having been begun within the statutory time, this court acquires no jurisdiction thereof, and the proceeding in error is accordingly dismissed.

¶3 All the Justices concur.