BUTLER v. CHATEAU

BUTLER v. CHATEAU
1921 OK 368
201 P. 660
83 Okla. 259
Case Number: 12468
Decided: 11/01/1921
Supreme Court of Oklahoma

BUTLER
v.
CHATEAU et al.

Syllabus

¶0 Appeal and Error--Time for Perfecting Appeal--Dismissal.
Where a petition in error is not filed in this court until after the expiration of six months from the date of final judgment or order appealed from, this court has no jurisdiction over the subject-matter and the appeal will be dismissed.

Error from District Court, Atoka County; J. H. Linebaugh, Judge.

Action between J. B. Butler and Meady Chateau et al. From the judgment the former brings error. Dismissed.

I. L. Cook and Maxey Cook, for plaintiff in error.
J. W. Clark, for defendants in error.

HARRISON, C. J.

¶1 The judgment appealed from herein was rendered by the trial court February 4, 1921, and purported appeal filed in this court July 18, 1921. On August 27, 1921, defendants in error filed motion to dismiss on the ground that the purported case-made fails to show that it had ever been filed with the court clerk of the trial court, and more than six months having expired since the rendition of the judgment, the appeal cannot be perfected. Banks v. Watson, 40 Okla. 447, 139 P. 305; Gibbs v. Tanner, 43 Okla. 477, 143 P. 189; Wagnon v. Davison, 79 Okla. 209, 192 P. 565.

¶2 The appeal is dismissed.