Skelly Oil Co. v. Globe Oil Co., Case Number: 12771
| Court | Supreme Court of Oklahoma |
| Writing for the Court | McNEILL, J. |
| Citation | 87 Okla. 225,209 P. 321,1922 OK 246 |
| Parties | SKELLY OIL CO. v. GLOBE OIL CO. et al. |
| Docket Number | Case Number: 12771 |
| Decision Date | 18 July 1922 |
1922 OK 246
209 P. 321
87 Okla. 225
SKELLY OIL CO.
v.
GLOBE OIL CO. et al.
Case Number: 12771
Supreme Court of Oklahoma
Decided: July 18, 1922
¶0 1. Appeal and Error--Contents of Record--Evidence on Motion to Discharge Receiver.
The evidence introduced to support a motion to discharge a receiver is no part of the record, and cannot be considered by this court on an appeal by transcript although copied therein.
2. Same--Review--Dismissal.
Upon an appeal from an order refusing to discharge a receiver, the question presented for review is whether the court erred upon the evidence introduced to discharge the receiver, and where a party appeals by transcript from such order and the evidence is not before this court for review, the appeal presents no question reviewable by this court and will be dismissed.
3. Same--Time for Appeal--Refusal to Discharge Receiver.
In order to review the action of the district court in refusing to discharge a receiver, the petition in error must be filed in this court within ten days as provided in section 4986. Revised Laws 1910.
4. Same--Amending Petition in Error.
When a party seeks the reversal of an order of the court refusing to discharge a receiver, and presents his appeal within ten days by filing a petition in error, and transcript attached thereto, he cannot after the ten days from the rendition of said judgment, amend his petition in error by filing an amended petition in error and attaching thereto a case-made, and confer jurisdiction upon this court to review the question presented in the amended petition in error or case-made.
F. E. Riddle, for plaintiff in error.
William F. Tucker and Hulette F. Aby, for defendants in error.
McNEILL, J.
¶1 This action originated in the district court of Tulsa county by plaintiff in error filing a petition to compel specific performance of the sale of an oil and gas lease and the cross-petition of defendant in error to foreclose a trust deed to said oil and gas lease, to secure the payment of a debt and the appointment of receiver. Upon notice and hearing the court appointed a receiver; from said order the plaintiff prosecuted an appeal to this court, and the order of the district court appointing a receiver was affirmed by this court in the case of Skelly Oil Co. v. Globe Oil Co., 82 Okla. 214, 200 P. 537.
¶2 Thereafter the plaintiff in error filed in the district court of Tulsa...
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Ravenscraft v. Sumner Coal Mining Co., Case Number: 14721
...Lamb v. Alexander, 45 Okla. 573, 145 P. 443; Greening v. Maire Bros. Co., 79 Okla. 136, 192 P. 202; Skelly Oil Company v. Grove Oil Co., 87 Okla. 225, 209 P. 321. ¶8 To permit defendants to first file a joint motion, and, upon adverse judgment, permit them to file separate motions where con......
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Stokes v. Rodman, Case Number: 29127
...or theory prompting the decision becomes immaterial. Seneca Co. v. Doss, 59 Okla. 149, 158 P. 575; Skelly Oil Co. v. Globe Oil Co., 87 Okla. 225, 209 P. 321; Watson v. Butler, 170 Okla. 350, 40 P.2d 653. ¶3 As we read the record, the plaintiff adduced no evidence tending to show or establis......
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Okla. Sav. & Loan Ass'n v. Cotter, Case Number: 18508
...a petition in error within said time limit."See, also, Lamb v. Alexander, 45 Okla. 73, 146 P. 443, and Skelly Oil Co. v. Globe Oil Co., 87 Okla. 225, 209 P. 321. ¶4 The petition in error not having been filed in this court within 10 days from the time the order appealed from was made, the a......
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Sherman v. Fid. Mut. Life Ins. Co., Case Number: 25525
...in error have filed motion to dismiss the cause, urging that it comes within the rule laid down in Skelly Oil Co. v. Globe Oil Co., 87 Okla. 225, 209 P. 321. That case held as follows: "Upon an appeal from an order refusing to discharge a receiver, the question presented for review is wheth......
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Ravenscraft v. Sumner Coal Mining Co., Case Number: 14721
...Lamb v. Alexander, 45 Okla. 573, 145 P. 443; Greening v. Maire Bros. Co., 79 Okla. 136, 192 P. 202; Skelly Oil Company v. Grove Oil Co., 87 Okla. 225, 209 P. 321. ¶8 To permit defendants to first file a joint motion, and, upon adverse judgment, permit them to file separate motions where con......
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Stokes v. Rodman, Case Number: 29127
...or theory prompting the decision becomes immaterial. Seneca Co. v. Doss, 59 Okla. 149, 158 P. 575; Skelly Oil Co. v. Globe Oil Co., 87 Okla. 225, 209 P. 321; Watson v. Butler, 170 Okla. 350, 40 P.2d 653. ¶3 As we read the record, the plaintiff adduced no evidence tending to show or establis......
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Okla. Sav. & Loan Ass'n v. Cotter, Case Number: 18508
...a petition in error within said time limit."See, also, Lamb v. Alexander, 45 Okla. 73, 146 P. 443, and Skelly Oil Co. v. Globe Oil Co., 87 Okla. 225, 209 P. 321. ¶4 The petition in error not having been filed in this court within 10 days from the time the order appealed from was made, the a......
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Sherman v. Fid. Mut. Life Ins. Co., Case Number: 25525
...in error have filed motion to dismiss the cause, urging that it comes within the rule laid down in Skelly Oil Co. v. Globe Oil Co., 87 Okla. 225, 209 P. 321. That case held as follows: "Upon an appeal from an order refusing to discharge a receiver, the question presented for review is wheth......