Barrick v. Smith
Supreme Court of Oklahoma
Error from District Court, Woods County; W. C. Crow, Judge. Action by J. Lee Smith and others against W. R. Barrick and others. Judgment for plaintiffs and defendants bring error.
1Opinion of the CourtJohnson, J.
This cause comes on to be heard upon a motion to dismiss the appeal filed by the defendants in error, upon the ground that the proceeding in error was not commenced within the time limited by law.
The record discloses that the final judgment sought to be appealed from, that of the overruling by the court of the defendant’s motion for a new trial, was rendered on April 23, 1917. Thereafter, on May 25, 1917, the plaintiff died. There was no attempt made in the court below to revive the action. On September 23, 1917, service of case-made was acknowledged by the attorneys of record of the deceased…
2Cases cited8 opinions
- Am. Nat. Bank of McAlester v. Mergenthaler LinotypeSupreme Court of Oklahoma · 1912
- Glazier Ex Rel. Estate of Glazier v. HeneybussSupreme Court of Oklahoma · 1907
- Kilgore v. YarnellSupreme Court of Oklahoma · 1909
- May v. FitzpatrickSupreme Court of Oklahoma · 1912
- In Re Combs' EstateSupreme Court of Oklahoma · 1916
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- City of Anadarko v. McKeeSupreme Court of Oklahoma · 1923
- Huddleston v. WallowSupreme Court of Oklahoma · 1926
- Dixon v. WrightSupreme Court of Oklahoma · 1936
- Vaughan v. SeaboltSupreme Court of Oklahoma · 1929
- Board of Ed., City of Wilson v. Liberty Nat. BankSupreme Court of Oklahoma · 1946
1 more not listed; retrieve them via the Exa API.