
    FEDERAL OIL AND DEVELOPMENT COMPANY v. PETROLEUM MAATSCHAPPIJ SALT CREEK.
    (No. 669.)
    Appeal and Error — When Proceeding in Error Deemed Commenced.
    1. A proceeding in error is not commenced by filing a petition in error, without causing summons in error to be issued, where the issuance and service of summons is not waived, and a motion to dismiss a proceeding in error because not. commenced within the time allowed by law for commencing such proceeding' must be granted, where no precipe for summons in error was filed or summons issued within that tinie, and the -issuance and service of summons was not waived although a petition in error was filed within the time allowed.
    [Decided May 31, 1911.]
    (115 Pac. 1135.)
    Error to the District Court, Natrona County, Hon. Charles E. Carpenter, Judge.
    Heard on motion to dismiss.
    
      William H. Marts, Fred /. Lobell, and William B• Hardin, for plaintiff in error.
    
      Gibson Clark, William A. Riner, and John D. Clark, for defendant in error.
    In the brief filed in support of the motion' to dismiss, the same points were made,and authorities cited as in the case' of Lobell v. Stock Oil Co. (No. 668).
   Beard, Chief Justice.

The defendant in error has filed a motion to dismiss the proceeding in error for the reason that such proceeding was not commenced within the time allowed by law. This case is identical with the case of Lobell v. Stock Oil Co., decided at the present term, 115 Pac. 69. Following the decision in that case', the motion to dismiss is granted and-the proceeding in error dismissed.- • Dismissed..

Potter, J., concurs-.

Scott, J., not sitting.  