Video Independent Theatres, Inc. v. Walker, 37271
| Decision Date | 19 March 1957 |
| Docket Number | No. 37271,37271 |
| Citation | 308 P.2d 958 |
| Parties | VIDEO INDEPENDENT THEATRES, Inc., Plaintiff in Error, v. R. T. WALKER, Defendant in Error. |
| Court | Oklahoma Supreme Court |
Syllabus by the Court.
1. It is the duty of the Supreme Court to examine into its jurisdiction in each case, and if it is without jurisdiction, to dismiss the appeal.
2. By virtue of the provisions of 12 O.S.1955 Supp. § 972, all proceedings by case-made for reversing, vacating or modifying judgments or final orders shall be commenced within twenty days from the date the case-made is settled, and where case-made and petition in error are not filed in Supreme Court within twenty days from date case-made is settled, such court is without jurisdiction to entertain the appeal and will dismiss the same.
Appeal from the District Court of Ottawa County; Wm. M. Thomas, Judge.
Action to recover portion of cost of erection of alleged party wall, in which judgment was rendered for plaintiff and defendant attempts to appeal. Appeal dismissed.
John A. Johnson, of Savage, Gibson, Benefield & Shelton, Oklahoma City, for plaintiff in error.
Smith & Smith, Miami, for defendant in error.
This is an attempted appeal by petition in error with case-made attached by defendant from a verdict and judgment in favor of plaintiff. The verdict was returned and judgment rendered thereon on November 29, 1955. On January 6, 1956, defendant's motion for a new trial was overruled and notice of appeal given. The case-made was prepared and served and on February 7, 1956, was settled by the trial judge. On March 2, 1956, some 23 days after the settling of the case-made, the appeal was filed in this court. 12 O.S.1955 Supp. § 972, provides, in so far as pertinent here, as follows:
'All proceedings by case made for reversing, vacating or modifying judgments or final orders shall be commenced within twenty (20) days from the date the case made is settled; * * *.'
Such statutory provision was enacted in 1955 and became effective on July 25, 1955. It is therefore applicable to this case.
Although no motion to dismiss has been filed, it is the duty of this court to examine into its jurisdiction in each case, and if it is without jurisdiction, to dismiss the appeal. Long v. McMahan, 205 Okl. 696, 241 P.2d 185, and cases therein cited.
Since the case-made and petition in error were not filed in this court within twenty days from the date the case-made was settled, it is apparent that ...
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In re M.B.
...County, 1979 OK 158, ¶ 5, 603 P.2d 761; In re. Stock Dist. No. 2 of Adair County, 1958 OK 233, ¶ 0, 330 P.2d 597; Video Indep. Theatres, Inc. v. Walker, 1957 OK 62, ¶ 3, 308 P.2d 18. The Oklahoma Juvenile Code is found at 10 O.S.2001 § 7301-1.1 et seq. The entire Code is a compilation of st......
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DeWees v. Cedarbaum
...we have considered said 20-day provision as absolute, and have resisted all efforts to escape its effect. See Video Independent Theatres, Inc. v. Walker, Okl., 308 P.2d 958, followed in Jordan v. Snakard, Okl., 320 P.2d 396; Smith v. Independent School District Number Sixteen, Okl., 321 P.2......
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Wanner v. Wanner, 37363
...the judgment or final order complained of (or lawful extension of such period), whichever occurs first.' See also Video Independent Theatres, Inc. v. Walker, Okl., 308 P.2d 958; Albert v. Card, Okl., 317 P.2d 766; Jordan v. Snakard, Okl., 320 P.2d 396; Selected Investments Corp. v. Ford, Ok......
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Curry v. Haynes, 37803
...Jordan v. Snakard, Okl., 320 P.2d 396; Smith v. Independent School District Number Sixteen, Okl., 321 P.2d 430; Video Independent Theatres, Inc., v. Walker, Okl., 308 P.2d 958. As this court is without jurisdiction it is our duty to dismiss the appeal. Albert v. Card, Okl., 317 P.2d 766; Vi......