WILEY v. NEW HOME SEWING MACH. CO.

WILEY v. NEW HOME SEWING MACH. CO.
1928 OK 15
262 P. 674
128 Okla. 281
Case Number: 18674
Decided: 01/03/1928
Supreme Court of Oklahoma

WILEY
v.
NEW HOME SEWING MACH. CO.

Syllabus

¶0 Appeal and Error--Proceeding in Error not Filed Within Six Months Dismissed. Where a proceeding in error is not filed in this court until after the expiration of six months from the date of the judgment or the order appealed from it will be dismissed for want of jurisdiction.

James A. Embry, for plaintiff in error.
Andrews & Andrews, for defendant in error.

PER CURIAM.

¶1 This is an attempt to appeal from a judgment of the district court of Lincoln county. The motion for new trial was by the court overruled on the 26th day of February, 1927.

¶2 The time in which to file the appeal in this cause expired on August 26, 1927. The petition in error with case-made attached was filed with the clerk of this court on August 27, 1927, one day after the time in which to file the same had expired as provided in section 798, C. O. S. 1921, which said section provides that all proceedings for reversing, vacating, or modifying judgments or final orders shall be commenced within six months from the rendition of the judgment or final order complained of. See Gilmore v. Smith, 93 Okla. 4, 219 P. 92; Brown v. Parks, 80 Okla. 184, 195 P. 133; Hall v. Bank of Commerce, 80 Okla. 40, 193 P. 990; McDonell v. Continental Supply Co., 79 Okla. 286, 193 P. 524; Wagnon v. Davison, 79 Okla. 209, 192 P. 565.