MAY v. ROBERTS

MAY v. ROBERTS
1914 OK 187
140 P. 399
40 Okla. 659
Case Number: 3972
Decided: 04/14/1914
Supreme Court of Oklahoma

MAY
v.
ROBERTS.

Syllabus

¶0 APPEAL AND ERROR--Time for Taking Proceedings--Dismissal. The syllabus in Gaskin v. Cleveland Woolen Mills, 38 Okla. 229, 32 P. 821, is made the syllabus here.

Error from County Court, Jackson County; B. N. Woodson, Judge.

Action between J. W. May and Eugene Roberts. From the judgment, the party first named brings error. Dismissed.

O. B. Reigel, for plaintiff in error
Guy P. Horton, for defendant in error

PER CURIAM.

¶1 This case was tried in the county court of Jackson county on November 3, 1911. Judgment was rendered for defendant in error, Eugene Roberts. A motion for a new trial was duly filed and overruled on November 8, 1911. Petition in error and case-made was not filed in this court until May 14, 1912. Counsel for defendant in error filed motion to dis- miss because proceeding in error was not commenced in this court within six months from the rendition of the judgment or final order complained of. In view of the provisions of chapter 18, p. 35, Sess. Laws 1910-11, wherein it is provided that all proceedings in error for reversing, vacating, or modifying judgments or final orders shall be commenced within six months from the rendition of the judgment or final order complained of, the motion must be sustained. Gaskin v. Cleveland Woolen Mills, 38 Okla. 229, 132 P. 821.