Greening v. Maire Bros. Co.
| Decision Date | 31 August 1920 |
| Docket Number | 11506. |
| Parties | GREENING v. MAIRE BROS. CO. |
| Court | Oklahoma Supreme Court |
Syllabus by the Court.
Under section 4986, Rev. Laws 1910, appeals from an interlocutory order refusing to appoint a receiver must be taken within 10 days from the date of the order appealed from by filing in this court a petition in error within said time limit.
Additional Syllabus by Editorial Staff.
Under Rev. Laws 1910, § 2937, allowing any act of a secular nature to be performed on a particular day which falls upon a holiday to be performed on next business day, and section 2932, designating holidays in the state, and not including Saturday afternoons, and without any evidence of any proclamation by the President of the United States, or by the Governor of Oklahoma designating Saturday afternoons as public holidays, they will not be excepted from the 10 days allowed by section 4986, in which to appeal from interlocutory orders.
Appeal from District Court, Washington County; Preston A. Shinn Judge.
Action by W. C. Greening against the Maire Bros. Company, a corporation, for the appointment of a receiver. From a judgment denying the application, plaintiff appeals. Appeal dismissed.
Pennel & Harrison, of Bartlesville, for plaintiff in error.
Montgomery & Montgomery, of Bartlesville, for defendants in error.
The plaintiff in error filed an application in the district court of Washington county against the defendant in error, seeking the appointment of a receiver. On the 2d day of June, 1920 the court rendered judgment denying the application, from which judgment plaintiff appeals.
The defendant files motion in this court to dismiss the appeal and alleges as a ground for dismissal that the case-made, record, and petition in error were not filed in the Supreme Court within 10 days from the making of the order, refusing the appointment of a receiver.
Section 4986, R. L. 1910, provides:
"In all cases in the district or superior court, in which a receiver may be appointed, or refused, the party aggrieved, may, within ten days thereafter, appeal from the order of the court, or a judge thereof, refusing to appoint [[the receiver] or refusing to vacate the appointment of a receiver, to the Supreme Court, without awaiting the final determination of such cause. * * *"
The petition in error and case-made were filed on the 14th day of June, 1920. Plaintiff states in his response to the motion that he substantially complied with the statute above quoted in the following particulars: That on the 11th day of June, 1920, and before 6 p. m. of said date, he deposited the petition in error, with the case-made attached thereto, in the United States mail at Pawhuska, Okl., with the proper postage attached, and addressed to William M. Franklin, clerk of the Supreme Court, Oklahoma City, Okl.; that by the usual course of the United States mail said petition in error and case-made should have reached Oklahoma City before 8 a. m. on the 10th day for taking said appeal; that this court should take judicial knowledge of the fact that the usual train time between the city of Pawhuska and Oklahoma City is less than seven hours, and if said petition in error, and case-made were delayed in the United States mail, or if said papers reached the State Capitol of Oklahoma on the 10th day, but were not filed by the clerk of the said court on said date, then and in that event plaintiff in error is absolved from blame by reason of his having done all within his power to comply with the strict letter of the statute. The provisions of the statute are positive in requiring an appeal to be taken within 10 days; that is, that the petition in error, together with the case-made, must be filed with the clerk of the Supreme Court within 10 days. Depositing the papers in the post office with postage prepaid does not satisfy the statute.
...
To continue reading
Request your trial