Skip to main content

GYPSY OIL CO. v. ESCOE , 275 U.S. 498 (1927)

United States Supreme Court


No. 572

Decided: November 21, 1927

No. 572.


This petition for certiorari to the Supreme Court of the state of Oklahoma is denied.

The application was not made in accordance with section 8(a), Act of February 13, 1925, ch. 229, 43 Stat. 936, 940 (28 USCA 350 (Comp. St. 1228b)), which provides:

    'No writ of error, appeal, or writ of certiorari ... shall be allowed or entertained unless application therefor be duly made within three months after the entry of such judgment or decree. ...'

The judgment of the Supreme Court was entered March 22, 1927. A timely petition for rehearing was denied June 14, 1927. On June 18, 1927, an application for leave to file a second petition for rehearing was indorsed:

    'Leave granted to file-Fred C. Branson, Chief Justice.'
    'On August 2, 1927, as appears from the minutes, the following proceedings were taken by the court:
    'Gypsy Oil Company v. Escoe et al. Application for leave to file a second petition for rehearing denied; application for oral argument denied.-Fred C. Branso, Chief Justice.'

On September 30, 1927, more than three months after denial of the petition for rehearing (June 14), the present petition for certiorari was filed.

The running of the time within which proceedings may be initiated here to bring up judgment or decree for review is suspended by the seasonable filing of a petition for [275 U.S. 498, 499]   rehearing. But it begins to run from the date of denial of such petition and further suspension cannot be obtained by the mere presentation of a motion for leave to file a second request for rehearing. Morse v. United States, 270 U.S. 151, 153 , 154 S., 46 S. Ct. 241.

If, however, a timely motion for leave to file the second petition is granted and the petition is actually entertained by the court, then the time within which application may be made here for certiorari begins to run from the day when the court denies such second petition.

Mr. Chester I. Long, of Wichita, Kan., for petitioner.

Was this helpful?

Thank you. Your response has been sent.

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go to Learn About the Law
GYPSY OIL CO. v. ESCOE , 275 U.S. 498 (1927)

Citation: 275 U.S. 498

Docket No: No. 572

Decided: November 21, 1927

Court: United States Supreme Court

Get a profile on the #1 online legal directory

Harness the power of our directory with your own profile. Select the button below to sign up.

Sign up

Learn About the Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Learn more about the law
Copied to clipboard