PASCHALL v. ROYALTIES INC.

PASCHALL v. ROYALTIES INC.
1946 OK 289
174 P.2d 914
197 Okla. 654
Case Number: 32557
Decided: 10/22/1946
Supreme Court of Oklahoma

PASCHALL
v.
ROYALTIES INCORPORATED et al.

Syllabus

¶0 APPEAL AND ERROR-Dismissal of cross-appeal where cross-petition in error not filed within legal time.
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.

Appeal from District Court, Lincoln County; Kenneth Jarrett, Judge.

Action to quiet title by John N. Paschall against Royalties Incorporated et al. Cross-petition in error of defendants, Royalties Incorporated et al., dismissed.

P. D. Erwin, of Chandler, for plaintiff in error.
Fred P. Branson, of Muskogee, and C. M. Feuquay, of Chandler, for defendants in error.

PER CURIAM.

¶1 This action was brought by the plaintiff, John N. Paschall, to quiet title to certain real property. The Royalties Incorporated obtained a judgment in the trial court from which John N. Paschall appealed and filed his petition in error and case-made on April 4, 1946. The appeal is from the judgment after a motion for new trial was overruled on the 24th day of October, 1945. The cross-petition in error was not filed until the 19th day of September, 1946.

¶2 A motion to dismiss the cross-petition in error has been filed asking that the cross-petition in error be dismissed for the reason that it was not filed within time. The motion must be sustained. Board of County Commissioners of Kiowa County v. Kiowa National Bank, 166 Okla. 255, 27 P.2d 338.

¶3 The cross-petition in error of defendants in error is dismissed.

¶4 GIBSON, C.J., HURST, V.C.J., and RILEY, BAYLESS, WELCH, and DAVISON, JJ., concur.