Rackliffe-Gibson Const. Co. v. Clingenpeel
Supreme Court of Oklahoma
Error from District Court, Payne County; A. H. Huston, Judge. Action between the Rackliffe-Gibson Construction Company and J. A. Clingenpeel and others. Judgment for Clingenpeel and others,- and the Construction Company brings error.
1Opinion of the CourtLoofbourrow, J.
Defendants in error have filed motion to dismiss the appeal in this case for the reason that the same was not commenced within six months from the date of the rendition of the final judgment. An examination of the record discloses the fact that motion for new trial was overruled on November 14, 1913, and the petition in error and case-made were filed in this court on April 22, 1914. But no summons in error has been issued, nor have defendants in error waived such service, and no praecipe for such summons has been filed or general appearance made within such time, and, the six months having…
2Cases cited2 opinions
- Chicago, R. I. & P. Ry. Co. v. BradhamSupreme Court of Oklahoma · 1909
- Watson v. ReinSupreme Court of Oklahoma · 1910
3Cited by2 opinions
- John Burris v. Edward Ryan, Sheriff of Sangamon County, IllinoisCourt of Appeals for the Seventh Circuit · 1968
- Weaver v. WattsSupreme Court of Oklahoma · 1916