Opinion
No. 16327
Opinion Filed September 15, 1925. Motion to Vacate Dismissal Denied September 29, 1925.
(Syllabus.)
Appeal and Error — Failure to Give Notice — Dismissal.
Where no notice is given of an intention to appeal, the appeal will be dismissed.
Error from District Court, Tulsa County; Z.I.J. Holt, Judge.
Action between C.A. Sanderson and the Hanchett Bond Company et al. From the judgment the former brings error. Dismissed.
Davidson Williams and Geo. E. Reeves, for plaintiff in error.
Randolph, Haver Shirk, for defendants in error.
This case is appealed by plaintiff in error from a judgment rendered against him on the 3rd day of November, 1924, in the district court of Tulsa county. The record fails to show that plaintiff in error gave notice of his intention to appeal as required by section 782, C.O.S. 1921. This is fatal to this appeal. This statute is mandatory and jurisdictional. Crawford v. Shintaffer, 92 Okla. 22, 217 P. 867; Atkins v. Lynholm, 87 Okla. 123, 209 P. 319; Miller v. Brownfield, 73 Okla. 156, 175 P. 211; Holbert v. Patrick, 74 Okla. 290, 176 P. 903. The appeal is dismissed.