FIRST STATE BANK OF MANGUM v. BIFFLE

FIRST STATE BANK OF MANGUM v. BIFFLE
1916 OK 575
157 P. 1034
53 Okla. 711
Case Number: 8190
Decided: 05/23/1916
Supreme Court of Oklahoma

FIRST STATE BANK OF MANGUM et al.
v.
BIFFLE.

Syllabus

¶0 APPEAL AND ERROR--Failure to Take Proceedings in Time--Dismissal. An appeal will be dismissed when it appears from the record that the petition in error was not filed nor attached to case-made within the statutory time for appeal to this court.

Error from District Court, Greer County; R. W. Higgins, Assigned Judge.

Action by J. W. Biffle against the First State Bank of Mangum and another. From the judgment, the First State Bank of Mangum and another bring error. Dismissed.

E. M. Stewart, for plaintiffs in error.
W. B. Garrett and Wylie Snow, for defendant in error.

HARDY, J.

¶1 Defendant in error files motion to dismiss because petition in error was not filed in this court within six months from the date of the order appealed from. Judgment was entered on the 18th day of August, 1915. Motion for new trial was overruled August 26, 1915, and case-made filed in the office of the clerk of this court on February 25, 1916, but no petition in error was filed therewith within the six months' period fixed by the statute. Section 5240, Rev. Laws 1910; Dill v. Flesher, ante, p. 359, 156 P. 1191; King v. Horse Chief Eagle, 23 Okla. 532, 101 P. 1135.

¶2 The motion to dismiss is sustained.

¶3 All the Justices concur, except THACKER, J., absent.