Schafer v. Remmers
Supreme Court of Oklahoma
Error from District Court, Canadian County; John J. Carney, Judge. Action by Henry Schafer and H. C. Paulsen against E. G. Remmers and. others: From the judgment, the parties first mentioned bring error.
1Opinion of the Court
This cause comes on to be heard upon a motion to dismiss the appeal filed by the defendants in error, upon the ground that the proceeding in error was not commenced in this court within the time limited by law. The motion to dismiss must be sustained. It seems that the petition in error and case-made were filed in due time, but no praecipe for summons in error or waiver of same was filed until after the expiration of the six months allowed by law within which a proceeding in error must be commenced. All of this is admitted by counsel for plaintiffs in error, but they contend that the issuance…
2Cases cited1 opinion
- First State Bank of Davidson v. ClinganSupreme Court of Oklahoma · 1910
3Cited by2 opinions
- In Re Combs' EstateSupreme Court of Oklahoma · 1916
- Barrick v. SmithSupreme Court of Oklahoma · 1920