Opinion
No. 27338.
December 7, 1937.
(Syllabus.)
Appeal and Error — Dismissal of Cross-Appeal Where Cross-Petition in Error not Filed Within Six-Months Period.
"Where a cross-petition in error is not filed in this court until after the expiration of six months from the date of the final judgment or order complained of, this court has no jurisdiction over the subject-matter and the cross-appeal will be dismissed." Bilby v. Bilby, 127 Okla. 9, 251 P. 611.
Appeal from District Court, Seminole County; C. Guy Cutlip, Judge.
Action by Florence N. Graham et al. against C. Dale Wolfe et al. to quiet title. From a judgment for the plaintiff, defendant Wolfe prosecutes error. Cross-petition of Ruth Johnson dismissed.
Bruce Rowan, for cross-petitioner in error.
C. Dale Wolfe and J.A. Patterson, for plaintiff in error.
R.J. Roberts, for defendant in error.
Florence N. Graham et al. filed an action in the district court against C. Dale Wolfe et al., seeking a declaratory interest in real estate. From an adverse judgment, C. Dale Wolfe appeals. On August 6, 1936, Ruth Johnson filed a cross-petition in error, which petition was filed more than six months after the final order of the trial court from which C. Dale Wolfe prosecutes appeal. We have held that such proceeding must be dismissed. In Haygood v. Pinkey, 112 Okla. 30, 239 P. 456, and Bilby v. Bilby, 127 Okla. 9, 251. P. 611, we have held that a cross-petition in error must be filed within six months from the date of final judgment or this court will not review the errors presented by such cross-appeal.
Appeal dismissed.
OSBORN, C. J., and RILEY, WELCH, PHELPS, GIBSON, HURST, and DAVISON, JJ., concur. BAYLESS, V. C. J., and CORN, J., absent.