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In re Stock District No. 2 of Adair County

Supreme Court of Oklahoma
Oct 7, 1958
330 P.2d 597 (Okla. 1958)

Opinion

No. 38125.

October 7, 1958.

Appeal from the District Court of Adair County; Andrew Wilcoxen, Judge.

Action to secure annexation of certain sections of land to a closed stock district. Judgment for annexation; protestants appeal. Appeal dismissed.

J. Fred Green, Fred D. Green and R. Bruce Green, Sallisaw, for plaintiffs in error.

Jack Bliss, Tahlequah, for defendants in error.


This is an attempted appeal by petition in error with case-made attached from a judgment ordering annexation of certain sections of land to Stock District No. 2, Adair County, Oklahoma. The court's judgment was entered August 17, 1957, and the motion for new trial was overruled on September 25, 1957. The case-made was certified by the trial judge on December 16, 1957. The petition in error with case-made attached was not filed in this court until January 18, 1958.

Since the appeal was not perfected for failure of the appellants to file their petition in error within 20 days from the date the case-made was settled, the appeal must be dismissed. Video Independent Theatres, Inc., v. Walker, Okla., 308 P.2d 958.

Appeal dismissed.

CORN, V.C.J., and HALLEY, WILLIAMS, BLACKBIRD, JACKSON and CARLILE, JJ., concur.

WELCH, C.J., and DAVISON and JOHNSON, JJ., dissent.

The Court acknowledges the aid of the Supreme Court Commission in the preparation of this opinion. After a tentative opinion was written by the Commission the cause was assigned to a Justice of this Court. Thereafter, upon a report and consideration in conference, the foregoing opinion was adopted by the Court.


Summaries of

In re Stock District No. 2 of Adair County

Supreme Court of Oklahoma
Oct 7, 1958
330 P.2d 597 (Okla. 1958)
Case details for

In re Stock District No. 2 of Adair County

Case Details

Full title:MATTER OF THE PETITION TO ANNEX CERTAIN DESCRIBED REAL ESTATE TO STOCK…

Court:Supreme Court of Oklahoma

Date published: Oct 7, 1958

Citations

330 P.2d 597 (Okla. 1958)
1958 OK 233

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