Opinion
No. 22406
Opinion Filed September 8, 1931.
(Syllabus.)
Appeal and Error — Dismissal Where Petition in Error not Filed Within Legal Time.
Where petition in error is not filed in this court until after the expiration of the six months from the date of the judgment or order appealed from, it will be dismissed for want of jurisdiction.
Appeal from District Court, Love County; John B. Ogden, Judge.
Action between Travis I. Sanders and Armitt West et al. From the judgment, the former appeals. Dismissed.
C.C. Wilkins, for plaintiff in error.
Will S. Payne, for defendants in error.
The motion for new trial in this cause was overruled by the trial court December 6, 1930. The petition in error was filed in this court June 15, 1931. The six months time for perfecting this appeal and filing petition in error in this court expired on the 6th day of June, 1930. The petition in error was therefore not filed within the time required by law and this court is without jurisdiction to review the judgment appealed from. Dill v. Marks, 53 Okla. 142, 155 P. 521; Morrison v. Swink, 128 Okla. 97, 261 P. 209; Wiley v. New Home Sewing Machine Co., 128 Okla. 281, 262 P. 674. For want of jurisdiction the appeal is dismissed.