MERCER v. MCKEEL

MERCER v. MCKEEL
1936 OK 556
61 P.2d 183
177 Okla. 499
Case Number: 27306
Decided: 09/29/1936
Supreme Court of Oklahoma

MERCER
v.
McKEEL

Syllabus

¶0 APPEAL AND ERROR - Dismissal for Failure to File Petition in Error Within Six-Months Period.
Where the 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, Pontotoc County; H.H. Edwards, Judge.

Action by J. F. McKeel et al. against J.W. Mercer for possession of real property. Judgment for plaintiffs, and defendant appeals. Dismissed.

C.F. Green, for plantiff in error.
W.W. Pryor and J.F. McKeel, for defendants in error.

PER CURIAM.

¶1 After judgment was rendered for the plaintiffs in the above-entitled action, an order of the court overruling motion for new trial was entered the 30th day of December, 1935. The appeal was lodged in this court on the 9th day of July, 1936. A motion to dismiss has been filed and response thereto admits that the case was not filed within the six months as provided by law.

¶2 This court has many times held that where the appeal is not taken within six months of the date of the judgment or order sought to be reversed, the court is without jurisdiction. Showalter v. Hampton, 122 Okla. 192, 253 P. 105; Board of County Com'rs, Kiowa County, v. Kiowa National Bank, 166 Okla. 255, 27 P.2d 338; Williams v. Local Bldg. & Loan Ass'n, 165 Okla. 244, 25 P.2d 1086; Starr v. Woods, 162 Okla. 242, 19 P.2d 561.

¶3 The appeal is therefore dismissed.