Legal Opinion

Murphy v. Comley Lumber Co.

Supreme Court of Oklahoma

Decided December 14, 1920No. 11315PublishedCited by 2 opinions

Error from District Court, Texas County; Arthur G. Sutton, Judge. Action by Oomley Lumber Company, a corporation, against John R. Murphy and N. Y. Oldham. Judgment for plaintiff, and defendant Murphy brings error.

1Opinion of the CourtRainey, C. J.

The motion to dismiss, to which there has been no response, is on the ground that the appeal has been filed out of time, and that therefore the court is without jurisdiction to entertain the appeal.

The record shows that judgment was entered on May 31, 1919. The record of the trial court, as corrected, shows that motion for new trial was overruled on June 5, 1919. No error is assigned thereon.

Petition in error, with transcript attached, was filed in this court April 3, 1920. The appeal being by transcript, which brings up only the record proper, and motions, the rulings thereon, and the…

2Cases cited5 opinions

  1. Williams v. KellySupreme Court of Oklahoma · 1918
  2. Folsom v. BillySupreme Court of Oklahoma · 1920
  3. Morrison v. W. L. Green Commission Co.Supreme Court of Oklahoma · 1916
  4. Perry v. WerlineSupreme Court of Oklahoma · 1920
  5. Wood v. McEwenSupreme Court of Oklahoma · 1914

3Cited by2 opinions

  1. In Re Estate of CutchallSupreme Court of Oklahoma · 1928
  2. Morrison v. MasseySupreme Court of Oklahoma · 1922

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