BILBY v. BILBY

BILBY v. BILBY
1926 OK 985
251 P. 611
127 Okla. 9
Case Number: 17699
Decided: 12/14/1926
Supreme Court of Oklahoma

BILBY
v.
BILBY et al.

Syllabus

¶0 1. Appeal and Error--Filing Cross-Petition in Error as "Commencement of a Proceeding in Error."
The filing of a cross-petition in error, attached to a transcript or case-made previously filed in the Supreme Court to reverse or modify the judgment or final order of the trial court, is the commencement of a proceeding in error in the Supreme Court at the instance of the party filing cross-petition in error.
2. Same--Dismissal of Cross-Appeal Where Cross-Petition in Error not Filed Within Six Months.
Where a cross-petition in error is not filed in this court until after the expiration of six months from the date of the final judgment or order complained of, this court has no jurisdiction over the subject-matter and the cross-appeal will be dismissed.

Error from District Court, Rogers County; C. H. Baskin, Judge.

From the judgment of the trial court in favor of R. I. Bilby et al., J.

Ed Bilby appealed, and from the judgment of the trial court in favor of plaintiff in error against Eva Bilby, she files cross-petition in error. Cross-petition in error dismissed.

J. S. Severson and Neal E. McNeill, for plaintiff in error.
L. S. Robson, for cross-petitioner in error.

PER CURIAM.

¶1 Judgment was rendered in the trial court in favor of R. I. Bilby et al. against plaintiff in error, J. Ed Bilby, and in favor of the plaintiff in error, J. Ed Bilby. against defendant in error Eva Bilby, on the 8th day of February, 1925. Separate motions for new trial were filed by J. Ed Bilby and Eva Bilby. The motion for new trial of plaintiff in error, J. Ed Bilby, was overruled on the 15th day of February, 1926, and the motion for new trial of Eva Bilby was overruled by the trial court on March 8, 1926.