Opinion

Board of Commissioners of Caddo County v. Dietrich

  • 49 Okla. 267
  • 152 P. 341
  • 1915 OK 789
  • 1915 Okla. LEXIS 41
Court
Supreme Court of Oklahoma
Filed
Oct 12, 1915
Status
Published
Author
Kane
On the bench
Kane
Cited by
0 cases
Authority
More cited than 43.7%

The opinion

KANE, C. J.

This cause comes on to be heard upon a motion to dismiss the proceeding in error, filed by the defendants in error for the reason, among other things, that:

“The judgment from which the appeal herein is prosecuted is a joint -judgment, and O. M. Hite, J. A. Dinkier, Louis E. McKnight, W. E. Turner, A. Youngheim, Frank Carpenter, J. A. Menefee, and A. N. Benedict”

*268

—who are parties thereto, have not been served with the case-made herein and are not parties to the proceeding, and this court, therefore, has no jurisdiction to ro^ view said judgment. This contention seems to be well supported by the authorities.

Weisbender v. School District,

24 Okla. 173 , 103 Pac. 639 , and

Southwestern Surety Ins. Co. v. Hall,

40 Okla. 447 , 139 Pac. 305 , cited by counsel for defendants in error in support of their motion, seem to be entirely in point. The motion to dismiss is not resisted by the plaintiff in error.

For the reason stated the motion to dismiss is sustained.

All the Justices concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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