HARTIG v. HARTIG

HARTIG v. HARTIG
1954 OK 329
277 P.2d 143
Case Number: 36409
Decided: 11/23/1954
Supreme Court of Oklahoma

OLGA F. HARTIG, PLAINTIFF IN ERROR,
v.
CLEMENS M. HARTIG, DEFENDANT IN ERROR.

Syllabus by the Court

¶0 Under 12 O.S.1951 § 1280, a written notice of appeal, duly entitled in the action, and filed with the clerk of the court from which the appeal is sought to be taken within ten days after the overruling of motion for new trial, is a prerequisite to an appeal from a decree of divorce.

Appeal from the District Court, Woods County, F.B.H. Spellman, J.

Houts & Houts, Alva, Blase A. Bonpane, Los Angeles, Cal., for plaintiff in error.

Mauntel & Doolin, Alva, for defendant in error.

ARNOLD, J.

¶1 This is an appeal from an order granting a divorce. The final order was entered November 5, 1953. The appeal was filed March 24, 1954. A motion to dismiss has been filed for the reason there was no written notice of appeal given as provided by 12 O.S. 1951 § 1280. The motion to dismiss must be sustained. In Jupe v. Jupe, 196 Okl. 447, 166 P.2d 769 it is stated:

"Under 12 O.S. 1941 § 1280, a written notice of appeal, duly entitled in the action, and filed with the clerk of the court from which the appeal is sought to be taken within ten days after the overruling of motion for new trial, is a prerequisite to an appeal from a decree of divorce."

¶2 Appeal dismissed.