Phebus v. Vinson

Citations

• 64 Okla. 241
• 166 P. 1087

Syllabus

<p>(Syllabus by the Court.)</p> <p>1. Wills — Contests—Appeals—Jurisdiction.</p> <p>Section 2, art. 7, c. 14, Sess. Laws 1909 (section 1798, Rev. Laws 1910), granting to the, county superior- courts “concurrent jurisdiction with the district court in all proceedings, causes or matters,” confers upon the superior courts jurisdiction of an appeal from the judgment of th<* county court in a probate proceeding instituted in said court to contest the probate of a will. The district and superior courts having concurrent jurisdiction, the appeal may be prosecuted directly to the superior court.</p> <p>2. Courts — Transfer of Causes.</p> <p>Section 10, art. 7, c. 14, of the Session Laws of 1909, as amended by section 1, e. 121, of the act of March 22, 1911 (Sess. Laws 1911, pp. 264, 265), providing “that the judge of the superior. court upon motion of the plaintiff in any cause now pending in said court or which may hereafter be filed in such court, shall transfer such cause or causes by order to the district or county courts, respectively, having jurisdiction,” being an act of the Legislature enacted subsequent to the adjournment of the extraordinary session of the Legislature which convened January 20, 1910, was not repealed by section 2, c. 39, Act March 3, 1911 (Sess. Laws 1911, pp. 70, 711. adopting the Revised Code of laws.</p> <p>(a) The statute being saved from repeal by the act adopting the Revised Laws, the intentional omission of the revisors to include in the revision any express authority for transferring causes from the superior to the district courts, as indicated by the note to section 1806, Revised Laws, is without force or effect. .</p> <p>3. Same.</p> <p>After a cause has been legally transferred from a superior to a district court, the jurisdiction of the superior court over the cause is lost, and any further proceeding had therein is a nullity.</p> <p>(a) -On an appeal to the superior court from the judgment of a county court admitting a will to probate