114 P. 698 | Okla. | 1911
Judgment was rendered in the court below on December 18, 1909. Petition in error and case-made were filed in this court on the 17th day of December, 1910. There was no waiver of summons, and no pr æcipe therefor was filed and issuance of summons had until the 21st day of December, 1910. The judgment in the court below was upon the pleadings. Not only must a petition in error and case-made or transcript be filed in this court within one year from the rendition of the judgment appealed from (section 6082, Snyder's Comp. Laws of Okla. 1909), but there must be filed within said time a pr æcipe for summons *490
and summons issued, unless the same be waived. McMurtry v. Byrdet al.,
A motion for a new trial is unnecessary to enable this court to review the action of a trial court in rendering a judgment upon the pleadings (Burdett et al. v. Burdett et al.,
The motion to dismiss is sustained.
All the Justices concur.