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State ex rel. Com'rs of the Land Office v. Elam

Supreme Court of Oklahoma
Jan 31, 1933
18 P.2d 865 (Okla. 1933)

Opinion

No. 22803

Opinion Filed January 31, 1933.

(Syllabus.)

Appeal and Error — Appeal From Order Dissolving Garnishment Required to Be Filed Within 30 Days.

Where an appeal is taken from an order dissolving a garnishment, such an appeal, under section 809, C. O. S. 1921 [O. S. 1931, sec. 555], must be filed in this court within 30 days from date of order, and this rule applies notwithstanding the order to dissolve is entered upon a verdict of a jury or a judgment of the court after trial of the garnishment proceedings upon the merits.

Appeal from District Court, Mayes County; Ad V. Coppedge, Judge.

Action by the State ex rel. Commissioners of the Land Office against J.T. Elam and others. From an order dissolving a writ of garnishment and discharging garnishee, plaintiff appeals. Dismissed.

R.H. Couch, Haskell Paul, and Wilkerson Brown, for plaintiff in error.

A.C. Brewster, for defendants in error.


This cause began after a judgment rendered on foreclosure and an issue of garnishment summons against Flora Westenhaber and Fred W. Garland, and on the 29th day of April, 1931, by proper journal entry appearing at case-made p. 92, the court sustained the demurrer interposed by the garnishee and discharged said garnishee.

From that order the state of Oklahoma, on relation of the Commissioners of the Land Office, attempted to appeal by filing herein on September 8, 1931, their petition in error with case-made attached.

On September 30, 1932, defendant in error filed herein motion to dismiss, and raises the jurisdictional question that plaintiff in error had 30 days from the entering of the original order discharging the garnishee to appeal to this court. No response has been filed to this motion, and inasmuch as the state of Oklahoma is a party to these proceedings, we have examined the law and find that in the case of Egolf v. Rice, 117 Okla. 284, 246 P. 58, the court uses the following language:

"Where an appeal is taken from an order dissolving a garnishment, such an appeal, under section 809, C. O. S. 1921, must be filed in this court within 30 days from date of order, and this rule applies notwithstanding the order to dissolve is entered upon a verdict of a jury or a judgment of the court after trial of a garnishment proceedings upon the merits."

The appearance in this court within 30 days being jurisdictional, the case must be dismissed, and it is so ordered.


Summaries of

State ex rel. Com'rs of the Land Office v. Elam

Supreme Court of Oklahoma
Jan 31, 1933
18 P.2d 865 (Okla. 1933)
Case details for

State ex rel. Com'rs of the Land Office v. Elam

Case Details

Full title:STATE ex rel. COM'RS of the LAND OFFICE v. ELAM et al

Court:Supreme Court of Oklahoma

Date published: Jan 31, 1933

Citations

18 P.2d 865 (Okla. 1933)
161 Okla. 288

Citing Cases

First Nat. Bank of Duncan v. Wallace

Garnishment is a species of attachment and a plaintiff may appeal from an order dissolving or quashing a…