Jordon v. St. Louis S. F. R. Co.

1913 OK 591, 143 P. 46, 41 Okla. 341, 1914 Okla. LEXIS 444

Opinion

Opinion by

BREWER, C.

This appeal is prosecuted by-case-made. A motion for new trial was filed on December 12,. 1910. The record fails to show when this motion was acted upon. The case-made was served on opposing counsel April. 19, 1911. The record is not certified as a transcript.

The record before us failing to affirmatively show that the' case-made was served within three days after final judgment,, or within an extension of time properly allowed by the court, the same is a nullity and presents nothing for this court to review. The cause is dismissed. Com’rs v. Porter, 19 Okla. 173, 92 Pac. 152; Bettis v. Cargile, 23 Okla. 301, 100 Pac. 436; Lankford v. Wallace, 26 Okla. 857, 110 Pac. 672; Carr v. Thompson, 27 Okla. 7, 110 Pac. 667; Lathim v. Schlack, 27 Okla. 522, 112 Pac. 968; Willson v. Willson, 27 Okla. 419, 112 Pac. 970; McCoy v. McCoy, 27 Okla. 371, 112 Pac. 1040; School District v. Cox, 27 Okla. 459, 112 Pac, 1041; First Nat. Bank v. Oklahoma Nat. Bank, 29 Okla. 411, 118 Pac. 574; Bettis v. Cargile, 34 Okla. 319, 126 Pac. 222.

By the Court: It is so ordered.