Legal Opinion
Hastings v. Donnell
Supreme Court of Oklahoma
Decided June 10, 1913No. 4141PublishedCited by 4 opinions
Error from District Court, Grant County; Wm. M. Bótales, Judge. Action between George H. Hastings and others and T. F. DonU'ell, as administrator. From the judgment, Hastings and other bring error.
1Opinion of the CourtKane, J.
This cause comes on to be heard upon a motion to dismiss upon the ground that final judgment was rendered in said cause on the 17th day of October, 1911, and that the motion for new trial was filed therein on October 28, 1911; that as said motion was filed out of time, and the petition in error assigns errors only that must be presented by a motion for new trial, the appeal ought to be dismissed on the authority of Edmondson et al. v. Jones, 31 Okla. 449, 122 Pac. 152. That case supports the rule contended for. It held:
“As the questions for review are such that it would require a motion for a…
2Cases cited1 opinion
- Edmondson v. JonesSupreme Court of Oklahoma · 1912
3Cited by4 opinions
- Farmers' Grain & Supply Co. v. IsaacSupreme Court of Oklahoma · 1916
- National Bank of Commerce v. First Nat. Bank of CowetaSupreme Court of Oklahoma · 1915
- Brown v. DavisSupreme Court of Oklahoma · 1916
- Roberts v. SimsSupreme Court of Oklahoma · 1924