FISHENCORD v. PETERSON

FISHENCORD v. PETERSON
1938 OK 192
77 P.2d 706
182 Okla. 315
Case Number: 28115
Decided: 03/22/1938
Supreme Court of Oklahoma

FISHENCORD et al.
v.
PETERSON et al.

Syllabus

¶0 APPEAL AND ERROR - Statutory Provision for Notice of Intention to Appeal Mandatory.
Section 531, O. S. 1931, is mandatory, and, among other things, provides that the "the party desiring to appeal shall give notice in open court, either at the time the judgment is rendered, or within ten days thereafter, of his intentions to appeal to the Supreme Court," and an attempted appeal not in conformity with the provisions of the statute will be dismissed.

Appeal from District Court, Muskogee County; O.H.P. Brower, Judge.

Action for damages by Herman Fishencord et al. against Carr Peterson et al. Judgment for defendants, and plaintiffs appeal. Dismissed.

Elbert Hinds and Howard S. Keagy, for plaintiffs in error.
Malcolm E. Rosser, Malcolm E. Rosser, Jr., and Fred W. Martin, for defendants in error.

PER CURIAM.

¶1 The parties will be referred to as plaintiffs and defendants, as they appeared in the trial court.

¶2 Plaintiffs filed an action for damages. On the 5th day of March, 1937, the court sustained a demurrer to the amended petition and dismissed the action. No notice of intention to appeal was given until the 18th day of March, 1938. A motion to dismiss has been filed on the ground that this court is without jurisdiction of the appeal. The appeal must be dismissed. Blackmon v. Reid, 170 Okla. 122, 38 P.2d 957; Thomas v. Richey, 171 Okla. 349, 42 P.2d 489. In Thomas v. Richey, supra, we held:

"Section 531, O. S. 1931, is mandatory, and, among other things, provides that 'the party desiring to appeal shall give notice in open court, either at the time the judgment is rendered, or within ten days thereafter, of his intentions to appeal to the Supreme Court.' and an attempted appeal not in conformity with the provisions of the statute will be dismissed."

¶3 The appeal is dismissed.