Blackwelder v. Naylor
| Decision Date | 27 October 1967 |
| Docket Number | No. 42648,42648 |
| Parties | P. W. BLACKWELDER, Edwin Milton Good and Anna L. Crouch, Plaintiffs in Error, v. Chester NAYLOR, Executor of the Last Will and Testament of Ava M. Blackwelder, Deceased, Defendant in Error. |
| Court | Oklahoma Supreme Court |
Syllabus by the Court
1. Pursuant to the provisions of Title 12 O.S.Supp.1967 § 972(a) proceedings in this court by case made to review a judgment or final order of a trial court must be commenced within twenty days from the date the case made is settled in the trial court and such time may not be extended by either this court or the trial court.
2. The contrary rule established by DeWees v. Cedarbaum, Okl., 381 P.2d 830 was abrogated by adoption of Title 12 O.S.Supp.1965 § 962(a), which deleted the authority in the courts to extend the time for filing of proceedings in error.
Appeal from the District Court of Texas County; C. R. Board, Trial Judge.
Action in the District Court of Texas County to quiet title to certain real property and for other relief. From a judgment in favor of plaintiff and from the order of the trial court overruling defendants' motion for new trial said defendants appeal. Appeal dismissed.
Frank E. Hensley, Tryon, Sweet & Hensley, Guymon, for plaintiffs in error.
Vincent Dale, Dale, Dale & Belanger, Guymon, Charles Vance, Vance, Hobble, Nordling & Sharp, Liberal, Kan., for defendant in error.
This cause comes on for adjudication on the motion to dismiss by the defendant in error and the responsive application thereto by the plaintiff in error. The ground for said motion is that these proceedings were not commenced within the time provided for by statute.
The case made attached to the petition in error was settled in the court below on June 22, 1967. The petition in error with case made attached was not filed in this court until August 31, 1967. The controlling statute, 12 O.S.Supp.1963 § 972(a) requires all proceedings in this court by case made to be commenced within twenty days from the date the case made is settled, and in all cases such appellate proceedings shall be commenced within six months from the date of the judgment or final order complained of.
This court in DeWees v. Cedarbaum, Okl., 381 P.2d 830, by an opinion which became final May 13, 1963, construed 12 O.S.1961, § 962 as authorizing an extension of time for the filing of a proceeding in error limited only by the maximum time allowed for the commencement of such proceedings as provided by 12 O.S.1961, § 972.
The legislature amended § 962, supra,...
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...nisi prius effort to extend the time for an appeal lies beyond the powers of the court and will be held of no avail. Blackwelder v. Naylor, Okl., 439 P.2d 202, 203 (1967); Adams v. Hobbs, 204 Okl. 85, 226 P.2d 913, 914 (1951).17 Mitchell, supra note 6 at 1067.18 Reece v. Chaney, 28 Okl. 501......
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...Okl., 727 P.2d 1361, 1362 n. 2 (1986); Grant Square Bank & Trust Co. v. Werner, Okl., 782 P.2d 109, 111 n. 4 (1989). 27 Blackwelder v. Naylor, Okl., 439 P.2d 202, 203 (1967); Adams v. Hobbs, 204 Okl. 85, 226 P.2d 913, 914 28 See supra note 14 for the pertinent terms of 12 O.S.1991 § 990A wh......
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Meek v. Williams
...time beyond the 20-day time limit prescribed by Sec. 972(a) for filing a proceeding in error by case made in this court. Blackwelder et al. v. Naylor, Okl., 439 P.2d 202. The case made attached to the petition in error in this cause was settled by a certificate of the trial judge dated Marc......