Summary
In Muskrat v. Curtis, 165 Okla. 66, 24 P.2d 983, we passed upon the provision as contained in 26 O.S. 1941 § 392[ 26-392], and held that under the plain language of the statute, no appeal to this court being provided, the decision of the district court was final, and that an appeal therefrom to this court would be dismissed.
Summary of this case from PERDUE v. SAPPOpinion
No. 24568
September 12, 1933.
(Syllabus.)
Elections — Judgment of District Court on Election Contest on Appeal From County Election Board not Appealable.
Section 9, art. 3, ch. 29, Session Laws 1931 [O. S. 1931, sec. 5813], provides for an appeal in the contest of a county election from the county election board to the district court, and when said contest is determined by the district court, its decision is final, and there is no provision for an appeal to the Supreme Court from such judgment of the district court, and where proceedings in error are taken from such final order of the district court, such appeal will be dismissed.
Appeal from District Court, Delaware County; Enloe V. Vernor, Assigned Judge.
Contest by D.D. Muskrat against C.K. Curtis for the office of Sheriff of Delaware County. From judgment for contestee, contestant attempts to appeal. Appeal dismissed.
E.G. Avery, D.H. Cotton, and E.B. Hunt, for plaintiff in error.
O.F. Mason and E.H. Beauchamp, for defendant in error.
This case had its origin before the county election board, and after the final order of that board, D.D. Muskrat, the unsuccessful contestant, appealed to the district court of Delaware county, and on the 5th day of December, 1932, the district court, on review of the transcript and proceedings, entered its judgment reversing the decision of the county election board and ordering a recount. Thereafter a recount was had, and D.D. Muskrat gave notice of appeal from that decision to the district court. The final order of the district court in that proceeding, finding that C.K. Curtis received a majority of the votes, is complained of in this proceeding.
Section 9, art. 3, chapter 29, Session Laws 1931 [O. S. 1931, sec. 5813], State of Oklahoma, approved April 17, 1931, is almost identical in procedure with a former statute construed by this court in the case of Martin v. Kelly, 139 Okla. 85, 281 P. 257; this court said:
"Under section 10 of chapter 63, Session Laws 1927, page 84, providing for an appeal, in the contest of a county election, from the county election board to the district court, and further providing that, when said contest is determined by the district court, its decision shall be final, and making no provision for appeal from the judgment to the Supreme Court, such contest, being summary special proceedings, and not actions or suits in law or equity, there is no right of appeal from said judgment to the Supreme Court of this state."
There being no provision for such appeal as prosecuted by plaintiff in error to this court, the appeal is dismissed.