BLACKMON v. REID

BLACKMON v. REID
1934 OK 730
38 P.2d 957
170 Okla. 122
Case Number: 25965
Decided: 12/18/1934
Supreme Court of Oklahoma

BLACKMON
v.
REID, Adm'x.

Syllabus

¶0 Appeal and Error--Failure to Comply With Statute as to Notice of Appeal--Dismissal.
Section 531, O. S. 1931, is mandatory and among other things provides that the party desiring to appeal shall give notice in open court either at the time the judgment is rendered or within 10 days thereafter of his intention to appeal to the Supreme Court, and an attempted appeal not in conformity with the provisions of the statute will be dismissed.

Appeal from District Court, Jackson County; Frank Mathews, Judge.

Action by Sallie L. Reid, administratrix of estate of Wm. L. Reid, against J. D. Blackmon in forcible entry and detainer. Upon appeal from a judgment for plaintiff in a justice of the peace court and a trial de novo, judgment for plaintiff, and defendant appeals. Dismissed.

Morrill & Snodgrass and L. B. Yates, for plaintiff in error.
L. A. Pelley and W. C. Austin, for defendant in error.

PER CURIAM.

¶1 On the 27th day of April, 1934, the plaintiff obtained a judgment in the district court, and on October 26, 1934, the proceedings in this court were commenced by the filing of a purported transcript of the record with petition in error attached. The record does not show that a motion for new trial was filed and passed upon, although the purported transcript contains a copy of a motion for new trial. The same is no part of the record and cannot be reviewed by this court except upon proper presentation in a case-made or by bill of exceptions. Chase v. Byrnes, 147 Okla. 118, 294 P. 786; In re Welfelt's Estate, 142 Okla. 110, 285 P. 843; Brigham v. Davis, 126 Okla. 90, 258 P. 740; Schollmeyer v. Van Buskirk, 35 Okla. 439, 130 P. 138; Richardson v. Beidleman, 33 Okla. 463, 126 P. 818.