Durham v. Dalton

This is a second appeal in this case. The first was disposed of in Durham et ux. v. Sharum, 203 Okla. 426, 222 P. 2d 1029. Thereafter, the parties appeared in the trial court and the cause was tried to the court without a jury upon an agreed statement of facts. Thereafter, judgment was rendered for plaintiff. No notice of intention to appeal was given at the time of the entry of the judgment and the defendant filed a motion for new trial which was passed on the 16th day of March, 1951. The case-made was filed on the 12th day of September, 1951.

A motion to dismiss has been filed for the reason…