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71 Okla. 247

176 P 920

Drake v. Ruble

Supreme Court of Oklahoma

Decided December 17, 1918

Supreme Court of Oklahoma · decided 1918-12-17

Error from District Court, Wagoner County; Mark L. Bozar-th, Judge. Action between W. T. Drake and others .and Otis H. Ruble and others. Judgment for the latter, and the former bring error.

Relies on St. Louis & S. F. R. Co. v. Boush · Phillips v. Dillingham · Dill v. Flesher

Appeal dismissed · Decided 1918-12-17

HARDY, J.

¶1 This is an appeal from the ■district court of Wagoner county. Judgment was rendered against the defendants bn the 20th day of July, 1917. Motion for .a new trial was overruled on the 6th day ■of October, 1917. The appeal was lodged in this court on April 8, 1918, more than .six months from; the díate of the final order and judgment of the court sought to be Appealed from. Defendants in error file motion to dismiss the appeal for the reason that petition in error was not filed in this • court within the time prescribed by law.

¶2 Proceedings ini error in this court must •be filed within six months after the rendition •of the final order sought to be reviewed, .and, if not so filed, this court is without jurisdiction 'to entertain .the appeal. Phillips v. Dillingham, 44 Okla. 102, 144 Pac. 363; Dill v. Flesher, 53 Okla. 359, 156 Pac. 1191; Williams v. Thompson, 68 Okla. 301, 174 Pac. 268.

¶3 The appeal ’’is therefore -dismissed,.

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