FIRST NAT'L BANK IN v. WALLACE

FIRST NAT'L BANK IN v. WALLACE
1940 OK 461
107 P.2d 536
188 Okla. 183
Case Number: 29388
Decided: 11/19/1940
Supreme Court of Oklahoma

FIRST NATIONAL BANK IN DUNCAN
v.
WALLACE

Syllabus

¶0 APPEAL AND ERROR--Time for appeal from order dissolving garnishment.
Where an appeal is taken from an order dissolving garnishment, such appeal, under section 555, O. S. 1931, 12 Okla. St. Ann. § 983, must be filed in this court within 30 days from the date of the order.

Appeal from District Court, Oklahoma County; George H. Giddings, Judge.

Proceeding in garnishment by the First National Bank in Duncan against Mrs. Marion Wallace. From an order dissolving the writ in a garnishment, plaintiff appeals. Dismissed.

Everest & Halley and James C. McWilliams, all of Oklahoma City, and L. A. Winans, of Duncan, for plaintiff in error.
Smith & Siler and Harry Neuffer, all of Oklahoma City, for defendant in error.

PER CURIAM.

¶1 This is an appeal from an order of the district court entered on a garnishment proceeding. A motion to quash and dissolve the garnishment was filed, and thereupon, upon due consideration, an order was entered on February 24, 1939, dissolving said garnishment. The petition in error with case-made attached was filed August 8, 1939. A motion to dismiss has been filed for the reason that under section 555, O. S. 1931, 12 Okla. St. Ann. § 983, an order which dissolves a garnishment can only be reviewed where the appeal is taken within 30 days from the date of the order. The appeal must be dismissed under the rule announced in Security Bldg. & Loan Ass'n of Oklahoma City v. Ward, 174 Okla. 238, 50 P.2d 651; Berry-Beall Dry Goods Co. v. Adams, 87 Okla. 291, 211 P. 79. These cases, after reiterating the rule announced above with regard to attachment, also hold that the same rule is applicable in an appeal from an order which discharges a garnishment.

¶2 Appeal dismissed.