Opinion
No. 26342.
June 25, 1935.
(Syllabus.)
Appeal and Error — Dismissal of Proceedings in Error Where not Filed Within Legal Time.
Where a proceeding in error is not filed in this court until after the expiration of six months from the date of the order or judgment appealed from, it will be dismissed for want of prosecution.
Appeal from District Court, Tulsa County; S.J. Clendinning, Judge.
Action upon an account for services as guardian by W.C. Dickenson against Roy Selby, guardian of Fred Shaw, Jr., a minor. From a judgment for the defendant, plaintiff appeals. Dismissed.
S.R. Lewis and O.S. Booth, for plaintiff in error.
Russell F. Hunt and Albert C. Hunt, for defendant in error.
The judgment of the trial court was rendered on the 13th day of October, 1934, and the appeal was lodged herein May 10, 1935. The appeal is by transcript. A motion to dismiss has been filed for the reason that the appeal was not lodged in this court within the six months provided by law. The motion is uncontested.
This court had repeatedly held that where an appeal is not taken within six months from the date of the rendition of the judgment, the same will be dismissed. Starr v. Wood, 162 Okla. 242, 19 P.2d 561; Stephens v. Globe Register Co. 167 Okla. 442, 30 P.2d 170; Aaron et al. v. Okla. City Bldg. Loan Ass'n, 168 Okla. 6, 31 P.2d 575.
The appeal is dismissed.