WATERS v. BUMPERS

WATERS v. BUMPERS
1958 OK 152
327 P.2d 462
Case Number: 37230
Decided: 06/17/1958
Supreme Court of Oklahoma

JAMES WATERS AND JOHN T. HARLEY, PLAINTIFFS IN ERROR,
v.
W.J. BUMPERS AND T.H. OTTESEN, DEFENDANTS IN ERROR.

Syllabus by the Court.

¶0 By virtue of the provisions of 12 O.S.1955 Supp. Sec. 972, all proceedings by case made for reversing, vacating or modifying judgments or final orders shall be commenced within twenty days from the date the case made in settled, and where case made and petition in error are not filed in the Supreme Court within twenty days from date case made is settled, such court is without jurisdiction to entertain the appeal and will dismiss the same

Appeal from the District Court of Coal County; Lavern Fishel, Judge.

Action to quiet title. Judgment for plaintiffs; defendants attempt to appeal. Appeal dismissed.

John T. Harley, Charles C. Liebler, Harley Van Cleave, Raymon B. Thomas, Tulsa, for plaintiffs in error.

T.H. Ottesen, Millard F. Lowrance, Sulphur, for defendants in error.

PER CURIAM.

¶1 This is an attempted appeal by petition in error with case-made attached. Judgment by the court quieting title in various parties was entered on July 28, 1955, and motion for new trial was overruled on September 29, 1955. Case-made was settled, signed and certified by the trial judge on December 28, 1955. The petition in error with case-made attached was not filed in this court until January 24, 1956, twenty-seven days after the case-made was settled.

¶2 Our statute requires that proceedings be commenced within twenty (20) days from the date the case-made is settled. 12 O.S. 1955 Supp. Sec. 972 . It is apparent that this court is without jurisdiction to review the appeal.

¶3 Appeal dismissed.

¶4 CORN, V.C.J., and HALLEY, JOHNSON, WILLIAMS, BLACKBIRD, JACKSON and CARLILE, JJ., concur.

¶5 The Court acknowledges the aid of the Supreme Court Commission in the preparation of this opinion. After a tentative opinion was written by the Commission, the cause was assigned to a Justice of this Court. Thereafter, upon report and consideration in conference, the foregoing opinion was adopted by the Court.