WILLIAMS et al. v. LOCAL BLDG. & LOAN ASS'N.

WILLIAMS et al. v. LOCAL BLDG. & LOAN ASS'N.
1933 OK 504
25 P.2d 1086
165 Okla. 244
Case Number: 24040
Decided: 09/26/1933
Supreme Court of Oklahoma

WILLIAMS
v.
LOCAL BLDG. & LOAN ASS'N.

Syllabus

¶0 Appeal and Error--Appeal Dismissed Where Petition in Error not Filed Within Six Months.
Where petition in error is not filed in this court until after the expiration of six months from the date of the judgment or order appealed from, the appeal will be dismissed for want of jurisdiction.

Appeal from District Court, Oklahoma County; George W. Clark, Judge.

Action by the Local Building & Loan Association against J. L. Williams et al. to foreclose a mortgage. From an order overruling motion to vacate judgment, defendants appeal. Dismissed.

Owen Renegar, for plaintiffs in error.
Everest, McKenzie, Halley & Gibbens, for defendant in error.

OPINION: PER CURIAM.

¶1 On the 16th day of December, 1931, a judgment was rendered foreclosing a mortgage in favor of the defendant in error. Thereafter a motion to vacate and set aside said judgment was filed, and on the 29th day of February, 1932, the court overruled the same and notice of appeal was given and time in which to make and serve case-made.

¶2 A motion to dismiss has been filed containing several grounds, one of which is that the case-made and petition in error was not filed in the Supreme Court until more than six months after the order appealed from.

¶3 A careful check of the record sustains the proposition that the case-made was not filed in the Supreme Court until more than six months after the date of the overruling of the order, which was on the 29th day of February, 1932, as the case-made and petition in error was not filed until the 6th day of September, 1932.