Lamb v. Alexander
| Decision Date | 09 February 1915 |
| Docket Number | Case Number: 7037 |
| Citation | 45 Okla. 73,1915 OK 89,146 P. 443 |
| Parties | LAMB v. ALEXANDER et al. |
| Court | Oklahoma Supreme Court |
¶0 APPEAL AND ERROR--Time for Appeal--Receivership. Under section 4986, Rev. Laws 1910, appeal from an interlocutory order appointing a receiver or refusing to vacate the appointment of a receiver must be taken within 10 days from the date of the order appealed from, by filing a petition in error in this court within said time limit.
Error from District Court, Okmulgee County; Wade S. Stanfield, Judge.
Action between Marvin M. Alexander and another and Frank P. Lamb. On application of the parties first mentioned, a receiver was appointed. Thereafter Lamb's motion to vacate the receivership was overruled, and he brings error. Dismissed.
Merwine & Newhouse and Frank F. Lamb, for plaintiff in error.
Cochran & Ellison, Moore & Noble and Charles A. Dickson, for defendants in error.
¶1 On June 18, 1914, upon an application of defendants in error, Marvin M. Alexander and A. D. Adcock, made to the district court of Okmulgee county, a receiver was appointed by the court of certain properties involved in this litigation; and on June 23, 1914, the motion of plaintiff in error to vacate the receivership therein was presented to said court and overruled, and plaintiff in error was allowed 120 days in which to prepare and serve a case-made, and defendants in error were given 10 days thereafter in which to suggest amendments; the said case-made to be settled upon 5 days' notice. Two extensions of the time in which to prepare and serve a case-made were granted by the court; and on December 2, 1914, the case-made was served upon defendants in error and filed in this court on December 15, 1914. Defendants in error move to dismiss the appeal because the same was not taken within the time fixed by law.
¶2 By section 4986, Rev. Laws 1910, it is provided:
"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 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 case. * * *"
¶3 It is urged by the defendants in error that under the provisions of this section the petition in error must be lodged in this court within 10 days from the date of the order complained of. We think this...
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...not a compliance with the terms of the statute. Greening v. Maire Bros. Co., 79 Okla. 136, 192 P. 202. In the case of Lamb v. Alexander et al., 45 Okla. 73, 146 P. 443, construing section 4986, Rev. Laws 1910, it was said:"It is urged by the defendants in error that, under the provisions of......
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Shaffer v. Tyrrell
...to vacate the appointment of a receiver. ¶4 The question involved has not heretofore been before this court, though in Lamb v. Alexander, 45 Okla. 73, 146 P. 443, it was held that an appeal from an interlocutory order appointing a receiver, or refusing to vacate the appointment of a receive......
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Skelly Oil Co. v. Globe Oil Co.
...appoint a receiver or refusing to discharge a receiver, the petition in error must be filed in this court within ten days. Lamb v. Alexander, 45 Okla. 73, 146 P. 443; Greening v. Maire Bros. Co., 79 Okla. 136, 192 P. 202. Did the filing of an amended petition in error with case-made attache......
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Brenner v. Tinker
...Oklahoma Savings & Loan Ass'n v. Cotter, 129 Okla. 298, 264 P. 884; Greening v. Maire Bros. Co., 79 Okla. 136, 192 P. 202; Lamb v. Alexander, 45 Okla. 73, 146 P. 443. ¶3 The appeal not having been lodged in this court within 10 days after the date of the order appealed from, this court is w......