Henderson v. Davis

1916 OK 951, 162 P. 683, 65 Okla. 12, 1916 Okla. LEXIS 599

Opinion

Opinion by

BLEAKMORE, O.

This case comes on to be heard upon motion of defendants in'error to dismiss the appeal.

On April 20, 1915, motion for new trial was overruled, and plaintiffs in error were allowed 90 days from that date to prepare and serve a case-made. Fourteen days after the expiration of said time the trial court entered its order attempting to extend such time an additional 40 days. This last order of the court was void for want of jurisdiction, and the case-made, not being prepared and served within the time allowed by the former valid order of the court, is a nullity. McLean v. McLean, 45 Okla. 765, 147 Pac. 802.

The errors assigned are not such as may be reviewed upon transcript of the record.

The appeal is therefore dismissed.

By the Court: It is so ordered.