Legal Opinion

Malloy v. Johnson

Supreme Court of Oklahoma

Decided March 3, 1914No. 5990PublishedCited by 12 opinions

Error from District Court, Okfuskee County; John Caruthers, Judge. Action between David P. Malloy and Dock Johnson and others. From the judgment, Malloy brings error.

1Opinion of the CourtLoofbourrow, J.

In this case motion for new trial was overruled by the court below on May 31, 1913; the petition in error and case-made were filed in this court on January 13, 1914, so that more than six months had expired between the date of the final order sought to be reviewed and the filing of the petition in error. It has been repeatedly held that after the expiration of the time allowed -by law for perfecting the appeal, this court is without jurisdiction to entertain the same. See Tishomingo Elec. Co. v. Harris, 28 Okla. 10, 113 Pac. 713; Fairbanks-Morse & Co. v. Thurmond et al., 31 Okla. 612, 122…

2Cases cited4 opinions

  1. Healy v. DavisSupreme Court of Oklahoma · 1912
  2. State Savings Bank of Manchester, Iowa v. BeddenSupreme Court of Oklahoma · 1913
  3. Tishomingo Electric Light & Power Co. v. HarrisSupreme Court of Oklahoma · 1911
  4. Fairbanks-Morse & Co. v. ThurmondSupreme Court of Oklahoma · 1912

3Cited by12 opinions

  1. Fulkerson v. StateCourt of Criminal Appeals of Oklahoma · 1920
  2. Howard v. ArkansawSupreme Court of Oklahoma · 1916
  3. School Dist. No. 38 v. MacKey, County TreasurerSupreme Court of Oklahoma · 1914
  4. Wagnon v. DavisonSupreme Court of Oklahoma · 1920
  5. Phillips v. DillinghamSupreme Court of Oklahoma · 1914

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