Clifford, Adm'r v. Black, Sivalls Bryson, Inc.

Supreme Court of Oklahoma

Clifford, Adm'r v. Black, Sivalls Bryson, Inc.

1940 OK 209, 102 P.2d 167, 187 Okla. 202, 1940 Okla. LEXIS 181

CourtSupreme Court of Oklahoma

DecidedApril 30, 1940

DocketNo. 29627.

StatusPublished

Cited by1 cases

This text of 1940 OK 209 (Clifford, Adm'r v. Black, Sivalls Bryson, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Clifford, Adm'r v. Black, Sivalls Bryson, Inc., 1940 OK 209, 102 P.2d 167, 187 Okla. 202, 1940 Okla. LEXIS 181 (Okla. 1940).

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Opinion

PER CURIAM.

Judgment was rendered in favor of defendant and against the plaintiff on the 11th day of April, 1939. Motion for new trial was overruled on the 16th day of June, 1939. The appeal is from the order overruling the motion for new trial. In such cases it is necessary to present the errors by case-made, or bill of exceptions. A case-made was prepared, but it is admitted that it was not settled and signed within the time allowed by law.

As stated in State ex rel. Freeling v. Brewer, 93 Okla. 143, 219 P. 895, a case-made must be settled and signed by the trial judge who tried the cause and filed in the trial court, after being duly.attested by the clerk of the court, and withdrawn and filed in the Supreme Court within six months from the date of the order from which the appeal is taken or the cause will be dismissed. Roddy v. Lambard-Hart Loan Co., 162 Okla. 241, 19 P. 2d 569; Whitney v. Liberty National Bank, 162 Okla. 74, 19 P. 2d 164; Kershaw v. Brook, 162 Okla. 72, 19 P. 2d 144; Barker v. Southwest Homes Corp., 162 Okla. 77, 19 P. 2d 141.

Since the case-made was not signed by the trial judge within six months from the date of the order overruling the motion for new trial, and there was no compliance with chapter 2, art. 4, S. L. 1931, 12 Okla. St. Ann. § 966, the same presents no error to this court and the cause should be, and the same is hereby, dismissed.

BAYLESS, C. J., WELCH, V. C. J., and OSBORN, GIBSON, and DAVISON, JJ., concur.

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PER CURIAM.

Judgment was rendered in favor of defendant and against the plaintiff on the 11th day of April, 1939. Motion for new trial was overruled on the 16th day of June, 1939. The appeal is from the order overruling the motion for new trial. In such cases it is necessary to present the errors by case-made, or bill of exceptions. A case-made was prepared, but it is admitted that it was not settled and signed within the time allowed by law.

As stated in State ex rel. Freeling v. Brewer, 93 Okla. 143, 219 P. 895, a case-made must be settled and signed by the trial judge who tried the cause and filed in the trial court, after being duly.attested by the clerk of the court, and withdrawn and filed in the Supreme Court within six months from the date of the order from which the appeal is taken or the cause will be dismissed. Roddy v. Lambard-Hart Loan Co., 162 Okla. 241, 19 P. 2d 569; Whitney v. Liberty National Bank, 162 Okla. 74, 19 P. 2d 164; Kershaw v. Brook, 162 Okla. 72, 19 P. 2d 144; Barker v. Southwest Homes Corp., 162 Okla. 77, 19 P. 2d 141.

Since the case-made was not signed by the trial judge within six months from the date of the order overruling the motion for new trial, and there was no compliance with chapter 2, art. 4, S. L. 1931, 12 Okla. St. Ann. § 966, the same presents no error to this court and the cause should be, and the same is hereby, dismissed.

BAYLESS, C. J., WELCH, V. C. J., and OSBORN, GIBSON, and DAVISON, JJ., concur.

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1940 OK 209, 102 P.2d 167, 187 Okla. 202, 1940 Okla. LEXIS 181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clifford-admr-v-black-sivalls-bryson-inc-okla-1940.

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