COLBY v. McELDERRY.

COLBY v. McELDERRY.
1914 OK 460
142 P. 970
43 Okla. 530
Case Number: 6368
Decided: 10/06/1914
Supreme Court of Oklahoma

COLBY
v.
McELDERRY.

Syllabus

Error from County Court, McClain County; W. H. Woods, Judge. Action between J. H. Colby and A. T. McElderry. From the judgment, Colby brings error. Dismissed.

H. R. Jacobs, for plaintiff in error
Ben Franklin, for defendant in error

KANE, C. J.

¶1 This cause comes on to be heard upon the defendant in error's motion to dismiss the proceeding in error, upon the ground that the case-made and petition in error was not filed in the Supreme Court within the time provided by law. The record shows that the order entered by the lower court overruling plaintiff in error's motion for new trial was entered on the 3d day of October, 1913; that the petition in error and case-made was filed in this court on the 1st day of May, 1914. More than six months having elapsed between the entering of the order by the lower court overruling plaintiff in error's motion for new trial and the filing of plaintiff in error's petition in error and case-made, the appeal must be dismissed. It is so ordered.

¶2 All the Justices concur.