Cunyan v. Clemmer

Supreme Court of Oklahoma

Cunyan v. Clemmer

1912 OK 562, 126 P. 578, 33 Okla. 480, 1912 Okla. LEXIS 732

CourtSupreme Court of Oklahoma

DecidedSeptember 11, 1912

Docket3838

StatusPublished

Cited by2 cases

This text of 1912 OK 562 (Cunyan v. Clemmer) 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.

Bluebook

Cunyan v. Clemmer, 1912 OK 562, 126 P. 578, 33 Okla. 480, 1912 Okla. LEXIS 732 (Okla. 1912).

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Opinion

HAYES, J.

This appeal is prosecuted upon petition in error and case-made. On the 28th day of August, 1911, within an extension of time theretofore granted in which to serve a case-made, plaintiff in error was granted by the trial judge, as a further extension of time within which to serve his case, a period of ten days from that date. The case-made was not served until September 8th, which was one day after the expiration of the extended period, and the case-made is therefore void, and the appeal must be dismissed. Cowan v. Maxwell, 27 Okla. 87, 111 Pac. 388; London & Lancashire Fire Ins. Co. v. Cummings et al., 23 Okla. 126, 99 Pac. 654; Bettis v. Cargile et al., 23 Okla. 301, 100 Pac. 436.

TURNER, C. J., and WILLIAMS, KANE, and DUNN, JJ., concur.

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HAYES, J.

This appeal is prosecuted upon petition in error and case-made. On the 28th day of August, 1911, within an extension of time theretofore granted in which to serve a case-made, plaintiff in error was granted by the trial judge, as a further extension of time within which to serve his case, a period of ten days from that date. The case-made was not served until September 8th, which was one day after the expiration of the extended period, and the case-made is therefore void, and the appeal must be dismissed. Cowan v. Maxwell, 27 Okla. 87, 111 Pac. 388; London & Lancashire Fire Ins. Co. v. Cummings et al., 23 Okla. 126, 99 Pac. 654; Bettis v. Cargile et al., 23 Okla. 301, 100 Pac. 436.

TURNER, C. J., and WILLIAMS, KANE, and DUNN, JJ., concur.

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Bluebook (online)

1912 OK 562, 126 P. 578, 33 Okla. 480, 1912 Okla. LEXIS 732, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cunyan-v-clemmer-okla-1912.

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