Offutt v. Fizz-O Water Co.

Plaintiff in error has appealed from an order of the court of common pleas of Tulsa county dismissing an appeal from the justice of peace court, and it is admitted that if, under section 979, O. S. 1931, 39 Okla. St. Ann. § 212, the plaintiff in error did not have a right to file an appeal within ten days from the date of the order overruling motion for new trial filed in the justice of peace court, then the court of common pleas was without jurisdiction and properly dismissed the appeal. Defendant in error has moved to dismiss for the reason that the appeal is without merit and taken for…