WHITE v. SECURITY NAT'L BANK

WHITE v. SECURITY NAT'L BANK
1930 OK 420
291 P. 965
145 Okla. 36
Case Number: 21479
Decided: 09/16/1930
Supreme Court of Oklahoma

WHITE et al.
v.
SECURITY NAT. BANK OF OKLAHOMA CITY

SyllabusC

¶0 1. Appeal and Error--Time for Filing Appeal not Extended by Filing Unnecessary Motion for New Trial upon Contested Question of Fact Arising upon Motion.
The filing and determination of a motion for new trial upon a contested question of fact not arising upon the pleadings, but upon motion, is unnecessary to authorize this court to review an order made upon such hearing, and the filing thereof does not extend the time in which to commence proceedings in error in this court.
2. Same--Time for Filing Appeal from Final Order.
A proceeding in this court to reverse a final order of the district court must be commenced within six months from the rendition of the final order complained of and the time runs from the rendition of such order.

Appeal from District Court, Grady County; Will Linn, Judge.

Action by the Security National Bank of Oklahoma City against John C. White and another. From an order of the trial court authorizing and directing the sheriff to amend his return on a summons so as to make it speak the truth and denying defendants' motion to vacate judgment, defendants appeal. Dismissed.

Bailey & Hammerly, for plaintiffs in error.
H. W. Harris, A. N. Murphey, and S. C. Durbin, for defendant in error.

PER CURIAM.

¶1 This is an appeal from the order of the district court of Grady county made and entered on the 17th day of October, 1929, authorizing and directing the sheriff to amend the return on the summons served in the action to speak the truth and denying plaintiffs in error's motion to vacate the judgment previously rendered in said cause upon the grounds no summons had ever been served upon them.

¶2 Motion for new trial was filed October 19, 1929, and overruled January 2, 1930. Petition in error with case-made attached was filed in this court June 27, 1930. The defendant in error has filed in this court its motion to dismiss the appeal upon jurisdictional grounds, alleging the appeal was not filed within the time allowed by law, and urges that the filing and determination of a motion for a new trial in this cause is unnecessary and did not extend the time in which to file the appeal in this court.