MOHS v. MAUNTEL

MOHS v. MAUNTEL
1958 OK 154
327 P.2d 475
Decided: 06/17/1958
Supreme Court of Oklahoma

GEO. M. MOHS, GUARDIAN OF THE ESTATE OF CAROLINE SCHROEDER, AN INCOMPETENT PERSON; GUS HADWIGER AND ROBERT L. HADWIGER, AND GUS HADWIGER AND ROBERT L. HADWIGER, AS GUARDIAN AD LITEM FOR CAROLINE SCHROEDER, AN INCOMPETENT PERSON, PLAINTIFFS IN ERROR,
v.
C.H. MAUNTEL, JOHN B. DOOLIN, AND MYRTLE E. MASON, AS EXECUTRIX OF THE ESTATE OF MERRITT C. MASON, DECEASED, DEFENDANTS 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 such proceedings and will dismiss the same.

Appeal from the District Court of Woods County; Tom R. Blaine, Judge.

Action by Ida White, Charles Wagner and Hannah Winters, heirs of Theodore Wagner, deceased, as plaintiffs, against the other heirs of said decedent and/or their heirs, successors and legal representatives, to partition a tract of land of said decedent's estate. From that portion of the judgment against her, one of the heirs, Caroline Schroeder, an incompetent person, has, through her legal representatives, attempted an appeal. Dismissed.

Hadwiger & Hadwiger, Alva, for plaintiffs in error.

Crowley & Musser, Enid, Mauntel & Doolin, Alva, by Jere G. Crowley, Enid, and John B. Doolin, Alva, for defendants in error.

BLACKBIRD, Justice.

¶1 This is an attempted appeal by petition in error, with case made attached, from a judgment rendered by the trial court on September 10, 1956, in an action originally commenced by some of the heirs of Theodore Wagner, deceased, to partition a quarter section of the land of said decedent's estate. After the overruling of the motion for new trial filed on behalf of the parties designated herein as plaintiffs in error, they gave notice of appeal, and, preliminary to the lodging of an appeal in this court, caused certain proceedings for that purpose to be had in the trial court, including settlement and signing of the case made by the judge of said court, on February 1st, 1957. The petition in error, with case made attached, was not filed in this court until March 8, 1957, which, as will be noticed, was more than twenty days after the settlement of the case made.

¶2 Our statute requires that: "All proceedings by case made for reversing, vacating or modifying judgments or final orders shall be commenced within twenty (20) days from the date the case made is settled; * * *." Tit. 12 O.S. 1955, Supp. § 972 .

¶3 It is apparent from this provision of the statute, that this court is without jurisdiction to review the judgment herein sought to be reversed. The present proceedings for that purpose are therefore hereby dismissed.

¶4 CORN, V.C.J., and HALLEY, JOHNSON, WILLIAMS and JACKSON, JJ., concur.