Ft. Smith W. R. Co. v. McKee

1913 OK 328, 132 P. 497, 38 Okla. 194, 1913 Okla. LEXIS 337

• Court: Supreme Court of Oklahoma
• Decided: May 20, 1913
• Docket: 4677
• Status: Published

Opinion

HAYES, C. J.

The judgment from which this appeal is prosecuted was rendered on the 8th day of July, 1912. The ease-made bears an indorsement purporting to show that it was filed in the office of the clerk of the county court on the 9th day of November, 1912; but' the case-made was not signed and settled by the trial judge until the 25th day of November, 1912. There has therefore never been any valid filing of the case-made in the office of the clerk of the court; and the case-made is for that reason a nullity.

The statutory time within which to perfect an appeal to this court has expired; and there exists, therefore, no time within which plaintiff in error might withdraw the case-made and perfect same by filing it with the clerk of the trial court; and upon authority of Brooks et al. v. United Mine Workers of America et al., 36 Okla. 109, 128 Pac. 236, and Marple v. Farmers’ & Merchants’ Nat. Bank, 28 Okla. 810, 115 Pac. 1124, the appeal must be dismissed.

All the Justices concur.