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Cope v. State Bank of Commerce

Supreme Court of Oklahoma
Mar 7, 1922
205 P. 131 (Okla. 1922)

Opinion

No. 11288

Opinion Filed March 7, 1922.

(Syllabus.)

Appeal and Error — Time to Appeal — Temporary Injunction.

The petition in error, in an appeal from an order discharging a temporary injunction, must be filed in the Supreme Court within a time fixed by the trial court, not exceeding 30 days from such discharge. Harn v. Oklahoma City et al., 43 Okla. 501, 148 P. 1040.

Error from District Court, Beaver County; Arthur G. Sutton, Judge.

Action between Clifton C. Cope and the State Bank of Commerce. From order discharging temporary injunction, the former brings error. Dismissed.

D.W. Buckner, for plaintiff in error.

J.W. Culwell, for defendant in error.


This is an appeal from an order discharging a temporary injunction, but not filed in this court within 30 days from the date of the order appealed from. The order was made December 20, 1919, and appeal filed in this court March 27, 1921.

Under section 5266, Revised Laws of 1910, this court is without jurisdiction over the subject-matter. Herring et al. v. Wiggins, 7 Okla. 312, 54 P. 483; Pioneer Tel. Tel. Co. v. Inc. Town of Chelsea, 23 Okla. 720, 102 P. 83; White v. Hooker et al., 47 Okla. 453, 148 P. 719; Harn v. Oklahoma City et al., 43 Okla. 501, 148 P. 1040; Orr et al. v. City of Cushing, 66 Okla. 153, 168 P. 223.

Therefore, the appeal is dismissed.


Summaries of

Cope v. State Bank of Commerce

Supreme Court of Oklahoma
Mar 7, 1922
205 P. 131 (Okla. 1922)
Case details for

Cope v. State Bank of Commerce

Case Details

Full title:COPE v. STATE BANK OF COMMERCE

Court:Supreme Court of Oklahoma

Date published: Mar 7, 1922

Citations

205 P. 131 (Okla. 1922)
205 P. 131