Poafpybitty v. Skelly Oil Company

BERRY, Justice.

In this proceeding in error by case made plaintiff below seeks review of an adverse judgment sustaining defendant’s demurrer to the petition and dismissing the action. Defendant moved to dismiss the appeal, urging two grounds:(1) Plaintiff neglected to comply with the “mandatory” provisions of 12 O.S. Supp.1963, Sec. 972(c) by his failure to timely procure and attach to the petition in error, or the case made, the required trial judge’s certificate specifying the latest date for the commencement of this appeal; and(2) PlaintifE neglected to comply with the “mandatory”…