Blackwelder v. Naylor

LAVENDER, Justice.

This cause comes on for adjudication on the motion to dismiss by the defendant in error and the responsive application thereto by the plaintiff ⅛ error. The ground for said motion is that these proceedings were not commenced within the time provided for by statute.

The case made attached to the petition in error was settled in the court below on June 22, 1967. The petition in error with case made attached was not filed in this court until ■ August 31, 1967. The controlling statute, 12 O.S.Supp.1963 § 972(a) requires all proceedings in this court by case made to be commenced…