MISSOURI PACIFIC RAILROAD COMPANY v. BUMPERS

MISSOURI PACIFIC RAILROAD COMPANY v. BUMPERS
1958 OK 134
326 P.2d 1064
Case Number: 37872
Decided: 05/27/1958
Supreme Court of Oklahoma

MISSOURI PACIFIC RAILROAD COMPANY, PLAINTIFF IN ERROR,
v.
L.G. BUMPERS, DEFENDANT IN ERROR.

Syllabus by the Court.

¶0 All proceedings by case-made for reversing, vacating or modifying judgments or final orders shall be commenced within twenty days from the date the case-made is settled, and where case-made and petition in error are not filed in this court within twenty days from the date the case-made is settled, Supreme Court is without jurisdiction to entertain the appeal and will dismiss the same.

Appeal from the District Court of Sequoyah County; E.G. Carroll, Judge.

Action by L.G. Bumpers against Missouri Pacific Railroad Company to recover personal injury damages. Judgment for plaintiff and defendant appeals. Dismissed.

Pat Mehaffy, Little Rock, Ark., Roy Frye, Sallisaw, Thomas Harper, Fort Smith, Ark., for plaintiff in error.

Green, Green & Green, Sallisaw, for defendant in error.

CORN, Vice Chief Justice.

¶1 This is an attempted appeal by petition in error, with case-made attached, from a judgment of the District Court of Sequoyah County, Oklahoma in a personal injury action. The court's judgment was rendered on the 12th day of March, 1957. The appellant's motion for a new trial was overruled on the 25th day of March, 1957. The case-made was settled and signed by the trial judge May 22, 1957. The petition in error, with case-made attached, was not filed in this court until the 22nd day of June, 1957, which was more than twenty days from the date the case-made was settled and signed.

¶2 Our statute requires that proceedings be commenced within 20 days from the date the case-made is settled. 12 O.S. 1955 Supp. § 972 . It is apparent that this court is without jurisdiction to review the appeal.

¶3 Appeal dismissed.

¶4 WELCH, C.J., and DAVISON, HALLEY, JOHNSON, WILLIAMS, BLACKBIRD and JACKSON, JJ., concur.