Opinion
No. 21608
Opinion Filed November 3, 1930. Rehearing Denied November 18, 1930.
(Syllabus.)
Appeal and Error — Failure to Give Notice of Intention to Appeal — Dismissal.
Where a party desiring to appeal fails to give notice in open court, either at the time the judgment is rendered or within ten days thereafter, of his intention to appeal to the Supreme Court, this court acquires no jurisdiction, and the appeal will be dismissed.
Error from District Court, Comanche County; Frank Mathews, Assigned Judge.
Action by O.O. Milliken, against G.A. Clark and others. From the judgment of the trial court dismissing plaintiff's cause of action, he attempts to appeal. Dismissed.
O.O. Milliken, in pro. per.
Embry, Johnson, Crowe Tolbert, for defendants in error.
This is an attempt to appeal from a judgment entered in the district court of Comanche county on the 25th day of April, 1930, dismissing plaintiff's action.
No notice was given at the time the judgment was rendered or within 10 days thereafter of plaintiff's intention to appeal to this court, and for the reason no notice of appeal was given as required by section 782, C. O. S. 1921, this court is without jurisdiction to review the judgment entered by the trial court. Oliver v. Kelly, 129 Okla. 121, 263 P. 649. The attempted appeal is dismissed.
SWINDALL, J., not participating.