Proctor v. Harrison
Supreme Court of Oklahoma
Error from District Court, Hughes County; John Caruthers, Judge. Petition by B. IT. Harrison and Lizzie Eatt for the probate of the will of Taylor Foley, and Malinda Proctor objects. From a judgment of the district court in favor of the proponents, the contestant brings error. This proceeding was commenced in the county court of Hughes county by the filing of a petition by B. H. Harrison and Lizzie Fatt for the probate of the will of one Taylor Foley.
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Error from District Court, Hughes County; John Caruthers, Judge. Petition by B. IT. Harrison and Lizzie Eatt for the probate of the will of Taylor Foley, and Malinda Proctor objects. From a judgment of the district court in favor of the proponents, the contestant brings error. This proceeding was commenced in the county court of Hughes county by the filing of a petition by B. H. Harrison and Lizzie Fatt for the probate of the will of one Taylor Foley. Notice of the application being given, Malinda Proctor, claiming to be the widow of Taylor Foley, objected to the probate of the will, on the…
1Opinion of the Court
Opinion by
AMES, C.
(after stating the facts as above). The first question argued is that no motion for new trial was filed in the county court, and that therefore the. district court had no jurisdiction to hear the appeal. This identical question has been determined by-us in the case of Welch v. Barnett, ante, 125 Pac. 472, where we held that no such motion is necessary.
It is next argued that the district court was without jurisdiction, because the appeal was not taken in ten days. This question is raised for the first time in this court; no motion to dismiss the appeal having been presented…
2Cases cited2 opinions
- San Juan Light & Transit Co. v. RequenaSupreme Court of the United States · 1912
- Welch v. BarnettSupreme Court of Oklahoma · 1912
3Cited by7 opinions
- Mathews v. SniggsSupreme Court of Oklahoma · 1919
- Wilson v. GreerSupreme Court of Oklahoma · 1915
- Whitten v. KroegerSupreme Court of Oklahoma · 1938
- Williford v. DavisSupreme Court of Oklahoma · 1924
- Benn v. TrobertSupreme Court of Oklahoma · 1919
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