YOUNG v. CLIFFORD

YOUNG v. CLIFFORD
1930 OK 214
291 P. 25
143 Okla. 84
Case Number: 20193
Decided: 04/29/1930
Supreme Court of Oklahoma

YOUNG et al.
v.
CLIFFORD.

Syllabus

¶0 Appeal and Error--Dismissal--Failure to Have Cause Revived upon Death of Defendant in Error.
Where a defendant in error has died after the petition in error has been filed in this court and more than a year has elapsed since the date when the action could have been first revived and no showing is made that the fact of the death was not known to the plaintiff in error, and the representatives or successors of the defendant in error do not consent to a revivor, but move to dismiss the appeal, the motion will be sustained and the appeal dismissed.

Appeal from District Court, Pawnee County; John Ladner, Judge.

Action between C. W. Young et al. and W. C. Clifford. From the judgment, the former appeals. Dismissed.

McCollum & McCollum and A. L. Wright, for plaintiffs in error.
A. E. Williams, for defendant in error.

PER CURIAM.