School Dist. No. 39, Kiowa Cty. v. Fisher
Supreme Court of Oklahoma
Error from District Court, Kiowa County; F. E. Gillette, Judge. Action by School District No. 39, Kiowa County, against C. H. Fisher, Treasurer of School District No. 39. The First National Bank of Hobart interveñes. Judgment for defendant, and plaintiff brings error. The petition in error in this case was filed in this court on November 7, 1907, and summons in error was issued on the same day. Keturn of service of the summons was made on the 13th day of the same month.
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Error from District Court, Kiowa County; F. E. Gillette, Judge. Action by School District No. 39, Kiowa County, against C. H. Fisher, Treasurer of School District No. 39. The First National Bank of Hobart interveñes. Judgment for defendant, and plaintiff brings error. The petition in error in this case was filed in this court on November 7, 1907, and summons in error was issued on the same day. Keturn of service of the summons was made on the 13th day of the same month. On April 23, 1908, motion to quash the service of the summons was filed by defendant in error the First National Bank of…
1Opinion of the CourtHates, J.
(after stating the facts as above). Section 4748 of Wilson’s Revised and ■ Annotated Statutes of Oklahoma of 1903, being seMion 550 of the Code, provides:
“No proceeding for reversing, vacating or modifying judgments or final orders shall be commenced unless within one year after the 'rendition of the judgment or making of the final order complained of. * * * ”
Under this section of the Code, unless the proceeding is commenced in this court within one year after the rendition of the judgment or order which is sought by plaintiff in error to have reviewed, this court without jurisdiction to…
2Cases cited5 opinions
- Wedd v. GatesSupreme Court of Oklahoma · 1905
- Thompson v. Wheeler & Wilson Manufacturing Co.Supreme Court of Kansas · 1883
- Ryland v. CoyleSupreme Court of Oklahoma · 1898
- Hoffman v. Board of Comrs. Pawnee Co.Supreme Court of Oklahoma · 1899
- Hebeison v. HatchellSupreme Court of Oklahoma · 1906
3Cited by20 opinions
- Bellamy v. Washita Valley Telephone Co.Supreme Court of Oklahoma · 1910
- Kilgore v. YarnellSupreme Court of Oklahoma · 1909
- English v. T. H. Rogers Lumber Co.Supreme Court of Oklahoma · 1918
- Chicago, R. I. & P. R. Co. v. HughesSupreme Court of Oklahoma · 1917
- Sumner v. SherwoodSupreme Court of Oklahoma · 1909
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