APPLICATION OF BESTWAY FREIGHT LINES

APPLICATION OF BESTWAY FREIGHT LINES
1957 OK 64
308 P.2d 961
Case Number: 37380
Decided: 03/19/1957
Supreme Court of Oklahoma

IN RE APPLICATION OF BESTWAY FREIGHT LINES, INC., FOR CLASS "A" FREIGHT
INTRASTATE.

Syllabus by the Court

¶0 1. The question of jurisdiction is primary and fundamental in every case, and cannot be waived by the parties or overlooked by the court. It is the duty of the court to examine into its jurisdiction, whether raised by any party or not, and sua sponte to determine its own jurisdiction.
2. Where the petition in error with record or case-made is not filed within three months after the judgment or final order made in the case and there has been no order of the trial court extending the time for appeal as provided by

Appeal from order of Oklahoma Corporation Commission.

Appeal by Bestway Freight Lines, Inc., from an order of the Corporation Commission denying its application for Class "A" intrastate certificate of Public Convenience and Necessity for transportation of property over certain highways in Western Oklahoma. Appeal dismissed for failure to file within time required by law.

W.T. Brunson, Charles D. Dudley, Oklahoma City, for complainant, Bestway Freight Lines, Inc.

Sidney P. Upsher, Oklahoma City, for respondent, Sooner Freight Lines, Inc.

HALLEY, Justice.

¶1 The identical questions of law are involved here as in In re Complaint of Bestway Freight Lines, Inc., v. Sooner Freight Lines, Inc., Okl., 308 P.2d 959, dismissed because appeal was not lodged in this Court within the time provided by Section

¶2 WELCH, C.J., CORN, V.C.J., and JOHNSON, WILLIAMS, BLACKBIRD, JACKSON and CARLILE, JJ., concur.