JONES v. NELSON

JONES v. NELSON
1929 OK 463
281 P. 792
139 Okla. 198
Case Number: 20670
Decided: 10/29/1929
Supreme Court of Oklahoma

JONES
v.
NELSON et al.

Syllabus

¶0 Appeal and Error--Time for Appeal from Order Discharging or Modifying Attachment.
An appeal from an order discharging or modifying an attachment must be filed in this court within 30 days from the date on which the order appealed from was made, and if not so filed, this court acquires no jurisdiction to entertain an appeal from such order.

Error from District Court, Cotton County; M. W. Pugh, Judge.

Action by N. Jones against Theo Nelson and others. From an order discharging an attachment and from final judgment plaintiff appeals. The appeal as to the order discharging the attachment dismissed.

See, also, 133 Okla. 92, 271 P. 240.

J. W. Brooks, for plaintiff in error.
Mackey & Parker and Lon Morris & Son, for defendants in error.

PER CURIAM.

¶1 This is an appeal from an order and judgment of the district court of Cotton county discharging an attachment and sustaining a demurrer to plaintiff's evidence on the main issue in the case and judgment for the defendants.

¶2 At the time action was begun in the trial court the plaintiff in error procured an order of attachment. This order was executed by the sheriff and certain goods and chattels were seized under the order, and the perishable goods subjected to the attachment were by order of the court sold and the proceeds thereof are impounded in the trial court. Defendants moved to discharge the attachment, which motion was heard at the time of the trial upon the issues joined by the pleadings and by the court sustained on the 23rd day of March, 1929. The order dissolving the attachment directs the proceeds from the sale of seized goods returned to the defendants. Upon the completion of the plaintiff's case in chief the court sustained a demurrer to plaintiff's evidence and rendered judgment for the defendants.

¶3 The appeal from the order and judgment of the trial court was filed in this court on August 26, 1929. A petition in error attacks the order dissolving the attachment as well as the final judgment of the court.