Simmons v. Lauffer

This case presents error from the county court of Wagoner county, and was filed in this court July 30, 1909, to secure a review of a judgment of that court dated August 22, 1908'. May 8, 1911, counsel for defendant in error filed a motion to dismiss the proceeding for the reason that no summons in error had to that date been served upon defendant in error or on his attorney of record, and no waiver thereof nor general appearance had been made and more than one year had elapsed since the filing of the appeal. The records of this court disclose that on October 8, 1909, a praecipe was filed and…