110 P. 672 | Okla. | 1910
This case presents error from the county court of Kay county. Judgment was rendered on April 15, 1909, and a motion for new trial which was filed was denied April 17, 1909. A case-made was filed in this court August 24, 1909. Although more than one year has elapsed from the date of the overruling of *859
the motion for new trial, no waiver of issuance or service of summons in error has been had and no pr aelig;cipe for the same filed and no summons issued or general appearance made by defendant in error. May 10, 1910, counsel for defendant in error filed a motion in this court to dismiss this action for and on account of the foregoing matters. This motion must be sustained. This court has held in a number of cases — Chicago,Rock Island Pacific Ry. Co. v. Bradham,
The action is dismissed.
All the Justices concur.