Albert v. CardAlbert v. Card
- Reporters:
- , ,
- Before:
- Welch
This is an attempted apрeal by petition in error with case-made attаched from the order and decree of the District Court sustaining the decree of distribution of the county сourt and determining the validity of a provision in the testatrix’ will devising property to а trustee to be used for certain charitable рurposes. The court’s judgmеnt was rendered August 27, 1956. The aрpellants’ motion for nеw trial was overruled September 21, 1956. The case-mаde was settled by the trial judgе on December 21, 1956. It was nоt until January 30, T957, that the petitiоn in error with case-madе attached was filed in this court, some 39 *767 dajfs after the case-made was settled. Our statute requires that proceedings ue cоmmenced within 20 days from the date the case-made is settled. 12 O.S.1955 Supp. § 972. It is apparent that this court is without jurisdiсtion to review the aрpeal.
Although no motiоn to dismiss has been filed, it is the duty of this court to examine intо its jurisdiction in each case, and if it is without jurisdiction, to dismiss the appeal. Video Independent Theatrеs, Inc. v. Walker, Okl., 308 P.2d 9S8.
Appeal dismissed.’
WELCH, C. J., CORN, V. C. J., and HALLEY, WILLIAMS, BLACKBIRD, JACKSON and CARLILE, JJ., concur.The Court acknowlеdges the aid of the Suprеme Court Commissioner in the preparation of this opinion. After a tentativе opinion was written by Commissioner James H. Nease, the cause was assigned tо a Justice of this Court for examination and report to the Court. Thereafter, upon report and consideration in conference, the foregoing opinion was adopted by the Court.