Scott v. Oil Well Supply Co.

The defendant in error has filed a motion to dismiss the appeal on the ground that the petition in error was not filed in this court within six months from the date the motion for new trial was overruled. The motion for new trial was overruled on May 13, 1921, and the petition in error was filed in this court on November 12, .1921, and was within the six-months period prescribed by statute. The period of six months prescribed in the statute means calendar months, and not a period of 30 days, or a lunar month. Bertwell v. Haines, 10 Okla. 469, 63 Pac. 702.

The plaintiff in error contends that…