Duke v. City of Checotah Ex Rel. Hall

Various defendants appear herein as plaintiffs in error appealing from an adverse judgment of the city of Checotah ex rel. Fletcher Hall et al., obtained in the district court.

A motion to dismiss has been filed for the reason that the plaintiff in error, M. Duke, failed to give notice in open court of the intention to appeal within ten days as provided by 12 O. S. 1941 § 954.

This court ordered M. Duke to respond to the motion to dismiss and none has been filed. In French v. Bragg, 177 Okla. 43, 55 P. 2d 953, we held that where a motion to dismiss has been filed and the same is supported by…