Oklahoma Sav. & Loan Ass'n v. Cotter

• Decision Date: 06 March 1928
• Docket Number: 18508.
• Citation: 264 P. 884,129 Okla. 298,1928 OK 164
• Parties: OKLAHOMA SAVINGS & LOAN ASS'N v. COTTER et al.
• Court: Oklahoma Supreme Court

264 P. 884

129 Okla. 298, 1928 OK 164

OKLAHOMA SAVINGS & LOAN ASS'N v. COTTER et al.

No. 18508.

Supreme Court of Oklahoma

March 6, 1928

Syllabus by the Court.

Under section 525, C. O. S., 1921, 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.

Appeal from District Court, Okmulgee County; James M. Hays, Judge.

Action by the Oklahoma Savings & Loan Association against Nelle Cotter and another. From an interlocutory order refusing to appoint a receiver, plaintiff appeals. Appeal dismissed.

Charles L. Moore, of Oklahoma City, and W. J. Peterson, of Okmulgee, for plaintiff in error.

A. L. Emery, of Okmulgee, for defendants in error.

PER CURIAM.

We find that this court is without jurisdiction to review the errors assigned in the petition in error, for the reason the order appealed from is an interlocutory order refusing to appoint a receiver made in the trial court on June 22, 1927 and the appeal lodged in this court on the 8th day of July, 1927, more than 10 days after the order appealed from was made by the trial court.

Section 525, C. O. S. 1921, in so far as applicable to this case, provides:

"In all cases in the district or superior court, in which a receiver may be appointed, or refused, the party aggrieved, may, within 10 days thereafter, appeal from the order of the court, or a judge thereof, refusing to appoint, or refusing to vacate the appointment of a receiver, to the Supreme Court, without awaiting the final determination of such cause. * * *"

This statute is construed in the case of Greening v. Maire Bros. Co., 79 Okl. 136, 192 P. 202, wherein this court held that:

"Under section 4986, Revised Laws 1910 (525, C. O. S. 1921) appeals from an interlocutory order refusing to appoint a receiver must be taken within ten (10) days from the date of the order appealed from by filing in this court a petition in error within said time limit."

See, also, Lamb v. Alexander et al., 45 Okl. 573, 146 P. 443; Skelly Oil Co. v. Globe Oil Co., 87 Okl. 225, 209 P. 321.

The petition in error not having been filed in this court within 10 days from the time the order appealed from was made, the appeal is hereby dismissed.