Altus Alfalfa Milling Co. v. Tappan

1911 OK 346, 119 P. 204, 29 Okla. 736, 1911 Okla. LEXIS 376

Opinion

KANE, J.

This cause comes on tó be heard upón'.a motion to dismiss, upon the ground that the petition in error and case-made were not filed in this court within the time required by law.

The motion must be sustained. The record shows that on the 12th day of May, 1910, a motion for a new trial was overruled, and the plaintiff in error was granted 90 days within which to prepare and serve a case-made; that 10 days were given the defendant in error within which to suggest amendments, and said case to be settled upon 5 days’ notice; that on the 11th day of August, 1910, counsel for plaintiff in error served his case-made. The case was served one day out of time. It is well settled that under such circumstances the appeal must be dismissed.

It is so ordered.

All the Justices concur.