Legal Opinion
Benham v. Keller
Supreme Court of Oklahoma
Decided November 21, 1983No. 58284PublishedCited by 36 opinions
1Opinion of the Court
MEMORANDUM OPINION
OPALA, Justice:
I
In his answer brief appellee moves to dismiss this appeal as not timely filed within 30 days of the date demurrer was sustained and judgment rendered for the defendant. His argument is that a motion for new trial, when addressed to an “order dismissing the action on sustaining a demurrer” to the petition, will not extend appeal time. We disagree and deny the motion on the authority of Poafpybitty v. Skelly Oil Company, Okl., 394 P.2d 515 [1964]. Poafpybitty holds that because under the 1963 amendment of 12 O.S.1961 § 651 error in determining an issue of law…
2Cases cited11 opinions
- Poafpybitty v. Skelly Oil CompanySupreme Court of Oklahoma · 1964
- Strout v. BurgessSupreme Judicial Court of Maine · 1949
- Utica National Bank & Trust Co. v. Associated Producers Co.Supreme Court of Oklahoma · 1980
- Cambre v. St. Paul Fire and Marine Insurance Co.Louisiana Court of Appeal · 1976
- Allen v. AllenSupreme Court of Oklahoma · 1948
6 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Akin v. Missouri Pacific RailroadSupreme Court of Oklahoma · 1998
- Panama Processes, S.A. v. Cities Service Co.Supreme Court of Oklahoma · 1990
- Bivins v. State Ex Rel. Oklahoma Memorial HospitalSupreme Court of Oklahoma · 1996
- Barnes v. Oklahoma Farm Bureau Mutual Insurance Co.Supreme Court of Oklahoma · 2001
- Lewis v. Sac & Fox Tribe of Oklahoma Housing AuthoritySupreme Court of Oklahoma · 1994
31 more not listed; retrieve them via the Exa API.