First Nat. Bank of Wellston v. Shafer

Supreme Court of Oklahoma

First Nat. Bank of Wellston v. Shafer

1915 OK 911, 152 P. 1084, 49 Okla. 340, 1915 Okla. LEXIS 50

CourtSupreme Court of Oklahoma

DecidedNovember 9, 1915

Docket7403

StatusPublished

This text of 1915 OK 911 (First Nat. Bank of Wellston v. Shafer) 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

First Nat. Bank of Wellston v. Shafer, 1915 OK 911, 152 P. 1084, 49 Okla. 340, 1915 Okla. LEXIS 50 (Okla. 1915).

Pincite

Opinion

PER CURIAM.

In this cause the motion for new trial was overruled on February 22, 1915, and plaintiff in error granted an extension of 90 days in which to make and serve case-made, ten days thereafter' allowed for the suggestion of amendments, same to be settled and signed on five days’.notice to either party. The 90 days’ extension for serving case-made would have expired on the 23d day of May, 1915, but, such being Sunday, the extension did not expire until May 24, 1915. The ten days allowed defendant in error to suggest amendments did not *341 expire until June 3, 1915. The case-made was served on March 30, 1915, and on May 28th, after notice duly served, the trial judge attempted to sign and settle the same, although no amendments had been suggested, nor was there any waiver on the part of the defendant in error. This was error, and the motion to dismiss will be sustained. Reed v. Walcott, 40 Okla. 451, 139 Pac. 318; Cummings v. Tate et al., 47 Okla. 54, 147 Pac. 304.

It is so ordered.

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PER CURIAM.

In this cause the motion for new trial was overruled on February 22, 1915, and plaintiff in error granted an extension of 90 days in which to make and serve case-made, ten days thereafter' allowed for the suggestion of amendments, same to be settled and signed on five days’.notice to either party. The 90 days’ extension for serving case-made would have expired on the 23d day of May, 1915, but, such being Sunday, the extension did not expire until May 24, 1915. The ten days allowed defendant in error to suggest amendments did not *341 expire until June 3, 1915. The case-made was served on March 30, 1915, and on May 28th, after notice duly served, the trial judge attempted to sign and settle the same, although no amendments had been suggested, nor was there any waiver on the part of the defendant in error. This was error, and the motion to dismiss will be sustained. Reed v. Walcott, 40 Okla. 451, 139 Pac. 318; Cummings v. Tate et al., 47 Okla. 54, 147 Pac. 304.

It is so ordered.

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Bluebook (online)

1915 OK 911, 152 P. 1084, 49 Okla. 340, 1915 Okla. LEXIS 50, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-nat-bank-of-wellston-v-shafer-okla-1915.

Opinion

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