Albert v. Dalbey

Plaintiff Carl S. Dal-bey brought an action in mandamus against Claud Hamilton, as county treasurer of Muskogee county, in which E. A. Albert intervened. On November 23, 1948, the trial court rendered judgment in favor of the plaintiff. In-. tervener E. A. Albert filed motion for new trial which was overruled by the trial court on November 27, 1948, and intervener appealed to this court by petition in error and case-made, the case-made being filed March 23, 1949.

On June 30, 1949, and more than six months after the motion for new trial had been overruled, Dalbey, defendant in error here, filed…