KENNEDY MERCANTILE CO. v. DOBSON

KENNEDY MERCANTILE CO. v. DOBSON
1914 OK 20
138 P. 147
40 Okla. 306
Case Number: 4999
Decided: 01/13/1914
Supreme Court of Oklahoma

KENNEDY MERCANTILE CO.
v.
DOBSON et al. (BARDSLEY, Intervener).

Syllabus

¶0 APPEAL AND ERROR--Time for Appeal--Dissolution of Attachment. When an order discharging or dissolving an attachment is made, by reason of section 5266, Rev. Laws 1910, the party who obtains such attachment, if he desires to have the order dissolving or discharging same reviewed, must except to such order and have the court or judge granting said order of dissolution fix a time, not exceeding 30 days, within which petition in error shall be filed with the clerk of the Supreme Court; and, when the same is not filed with the clerk of the Supreme Court within 30 days after making such order, the appeal will be dismissed for want of jurisdiction.

Error from County Court, Major County; F. W. Madison, Judge.

Action by the Kennedy Mercantile Company, a corporation, against L. D. Dobson and another, and S. J. Bardsley intervened. From an order dissolving an attachment, plaintiff brings error. Dismissed.

Adam S. Garis and O. M. Evans, for plaintiff in error
Morse & Standeven, for defendants in error, L. D. Dobson and L. A. Woody
Bardsley & Wells, for intervener

HAYES, C. J.

¶1 This is an appeal from an order of the county court of Major county, dissolving an attachment. Our attention has been called to the fact, however, that the proceeding was not begun in this court until more than 30 days from the date of the order appealed from.

¶2 By section 5266, Rev. Laws 1910, when an order discharging an attachment is made in a case, the party who obtains such attachment, and who desires to have such order reviewed, is required to except to the order for the purpose of having same reviewed, and to obtain, from the court or judge granting said order, an order fixing a time not exceeding 30 days from the discharge of the attachment within which petition in error may be filed in the Supreme Court. Under various decisions of this court, construing and applying said statute, where the appeal is not commenced in this court within 30 days from the rendition of the order discharging the attachment, this court is without jurisdiction to review the order. Ray v. Wade, 31 Okla. 616, 122 P. 169; Smith v. Eldred et al., 31 Okla. 352, 121 P. 195; First National Bank of Hobart v. Spink et al., 21 Okla. 468, 97 P. 1019.

¶3 The appeal is accordingly dismissed.

¶4 All the Justices concur.