Maddox v. Bank of Gotebo

Supreme Court of Oklahoma

Maddox v. Bank of Gotebo

1915 OK 753, 152 P. 373, 51 Okla. 744, 1915 Okla. LEXIS 1074

CourtSupreme Court of Oklahoma

DecidedOctober 12, 1915

Docket5198

StatusPublished

This text of 1915 OK 753 (Maddox v. Bank of Gotebo) 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

Maddox v. Bank of Gotebo, 1915 OK 753, 152 P. 373, 51 Okla. 744, 1915 Okla. LEXIS 1074 (Okla. 1915).

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Opinion

Opinion by

WATTS, C.

Judgment was rendered against the plaintiff in error in a trial before the court and jury in the county court of Washita county. Motion for new trial was denied December 17, 1912, and 60 days from that date given to make and serve case-made. February 10, 1913, the court extended the time to make and serve case-made 30 days from the expiration of the original order. March 6, 1912, the court entered a third order extending the time to make and serve case-made 60 days from the expiration of the original order. The time expired April 16, 1913. The case-made was served April 28, 1913, 12 days too late, and this court has no jurisdiction.

“Where a case-made was not served until after the extension of time fixed by a valid order of the court has *745 expired, the same is null and' void, and the appeal will be dismissed.” (Spears v. Southern Surety Co., 43 Okla. 645, 143 Pac. 664; Hughes v. Martin, 43 Okla. 710, 144 Pac. 356; Upp Grocery Co. v. Lins, 43 Okla. 756, 144 Pac. 377.

We therefore recommend that the appeal be dismissed for want of jurisdiction.

By the Court: It is so ordered.

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Opinion by

WATTS, C.

Judgment was rendered against the plaintiff in error in a trial before the court and jury in the county court of Washita county. Motion for new trial was denied December 17, 1912, and 60 days from that date given to make and serve case-made. February 10, 1913, the court extended the time to make and serve case-made 30 days from the expiration of the original order. March 6, 1912, the court entered a third order extending the time to make and serve case-made 60 days from the expiration of the original order. The time expired April 16, 1913. The case-made was served April 28, 1913, 12 days too late, and this court has no jurisdiction.

“Where a case-made was not served until after the extension of time fixed by a valid order of the court has *745 expired, the same is null and' void, and the appeal will be dismissed.” (Spears v. Southern Surety Co., 43 Okla. 645, 143 Pac. 664; Hughes v. Martin, 43 Okla. 710, 144 Pac. 356; Upp Grocery Co. v. Lins, 43 Okla. 756, 144 Pac. 377.

We therefore recommend that the appeal be dismissed for want of jurisdiction.

By the Court: It is so ordered.

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Bluebook (online)

1915 OK 753, 152 P. 373, 51 Okla. 744, 1915 Okla. LEXIS 1074, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maddox-v-bank-of-gotebo-okla-1915.

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