Oberly v. Harris
Supreme Court of Oklahoma
Error from District Court, Osage County; R. H. Hudson, Judge. Action between Sarah Oberly and others and P. H. Harris and others. From the judgment, Oberly and others bring error.
1Opinion of the CourtLoofbourrow, J.
Defendants in error have filed a motion to dismiss the appeal herein, for the reason that the same was not commenced in this court within -six months from the date of final judgment in the trial court. An examination of the record discloses that final judgment was entered in the court below on the 24th day of December, 1913, and that the petition in error with case-made was filed in this court on June 23, 1914. No praecipe for summons in error was filed, and no summons in error issued. Plaintiffs in error filed a purported waiver of issuance and service of summons in error in this court on…
2Cases cited5 opinions
- Wedd v. GatesSupreme Court of Oklahoma · 1905
- John v. PaullinSupreme Court of Oklahoma · 1909
- McMurtry v. ByrdSupreme Court of Oklahoma · 1909
- Court of Honor v. WallaceSupreme Court of Oklahoma · 1909
- Davis v. ElliottSupreme Court of Oklahoma · 1910
3Cited by2 opinions
- In Re Combs' EstateSupreme Court of Oklahoma · 1916
- Barrick v. SmithSupreme Court of Oklahoma · 1920