Barker v. Honeywell

THACKER, J. This ease is before this court upon a motion to dismiss the petition in error. Judgment was rendered by the trial court on' March 5, 1917, and on March 13, 1917, an order was made overruling a motion for- a new trial. A petition in error with case-made attached was filed in this court on August 20; 1917, but no praecipe for summons in error has -been filed nor summons served nor issued, nor has there been any waiver of such issuance 'or service of summons, nor a general appearance made by any defendant in .error, although more than nine months -have elapse® since the order overruling the motion fbr a new trial. Section 1, c. 219, Laws 1917, p. 403, was not effective until March 23, 1917, and is therefore inapplicable. Merriett v. Newton, 67 Okla. 150, 169 Pac. 488; Buckner v. Walton Trust Co., 66 Okla. 240, 168 Pac. 797. *150 The motion to dismiss is sustained, and the petition in error is dismissed for want of jurisdiction.’ All the Justices concur.