Opinion

Sadler v. Board of Com'rs of Mayes County

  • 162 Okla. 303
  • 19 P.2d 1068
  • 1933 OK 174
  • 1933 Okla. LEXIS 591
Court
Supreme Court of Oklahoma
Filed
Mar 14, 1933
Status
Published
On the bench
PER CURIAM.
Cited by
1 cases
Authority
More cited than 71.9%

The opinion

PER CURIAM.

On the 28th day of October, 1931, in a proceeding before the district court of Mayes county, a judgment was entered against the plaintiffs in error sustaining a demurrer to the petition of plaintiffs in error respecting the claims as to certain property sold and resold and bought in by the board of county commissioners of that county.

From a final order thereafter, on the 31st day of October, 1931, appellants herein attempted to predicate an appeal based upon, the overruling of a motion for new trial.

This court has uniformly held that no-motion for new trial is necessary or proper upon the order of the court sustaining the demurrer to the petition, and a case-made' based upon the order overruling the motion for new trial is a nullity and brings nothing, to this court for review unless the same is filed within six months from the original order sustaining the demurrer to the petition. Mires v. Hogan, 79 Okla. 233 , 192 P. 811 . The appeal is, therefore, dismissed.

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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