McLean v. McLean

Supreme Court of Oklahoma

McLean v. McLean

1915 OK 120, 147 P. 302, 45 Okla. 765, 1915 Okla. LEXIS 559

CourtSupreme Court of Oklahoma

DecidedMarch 2, 1915

Docket7045

StatusPublished

Cited by4 cases

This text of 1915 OK 120 (McLean v. McLean) 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

McLean v. McLean, 1915 OK 120, 147 P. 302, 45 Okla. 765, 1915 Okla. LEXIS 559 (Okla. 1915).

Pincite

Opinion

BROWN, J.

Motion to' dismiss appeal was filed in this case by defendant in error January 25, 1915; and m> answer there has been filed, nor time for filing same extended. An examination of the record discloses that judgment was rendered June 18, 1914, at which time 90 days was given in which to serve case-made, Which time expired September 16, 1914. September 15, 1914, an extension of 40 days from that date was granted, which would have expired October 25, 1914, but for a further extension allowed of 15 days on and from that date bringing the time within which service could he made up .to- November 9, 1914, but same was not made until November 14, 1914. On December 12, 1914, plaintiff in error filed motion for an extension of the time in which service of casevmade could be had, which reads in part as follows:

“That the findings of fact and conclusions of law made and found by the court in ithe above entitled case were not made and filed in the office of the clerk of the district court until November 9, 1914; that when these findings of fact and conclusions of law were filed with the clerk, the attorneys for the said Walter Williford McLean were under the impression that they had until the 15th day of November, 1914, in which to file and serve said case-made with the attorneys for Thomas J. McLean et al.; that it is the belief of L. F. Roberts, one of the attorneys for Walter Williford McLean, that the judge of the district court was of the opinion that the attorneys for the said Walter Williford McLean had until the 15th day of November, 1914, in which to file and serve said case-made with the attorneys of Thomas J. McLean et at.; that the case was in fact served on the attorneys for Thomas J. McLean el al. on the 14th day of November, 1914-, but the said L. F. Roberts has since discovered that the same was served out *767 of time, and that same should have been served on or before the 9th day of November,. 1914.”

Upon the application containing the aboye admission that the time formerly allowed for service of case-made had expired more than 30 days prior thereto', the court attempted to make an order extending such time to- include the 14th day of November, 1914, said, order being dated December 12, 1914, -and indorsed filed November 12, 1914. This order, it is clear, the court had no jurisdiction to malee, and the same was therefore void and did not operate retrospectively so as' to' render valid the service of said case-made after the time therefor had expired.

The appeal is therefore dismissed.

All the Justices concur.

Free access — add to your briefcase to read the full text and ask questions with AI

BROWN, J.

Motion to' dismiss appeal was filed in this case by defendant in error January 25, 1915; and m> answer there has been filed, nor time for filing same extended. An examination of the record discloses that judgment was rendered June 18, 1914, at which time 90 days was given in which to serve case-made, Which time expired September 16, 1914. September 15, 1914, an extension of 40 days from that date was granted, which would have expired October 25, 1914, but for a further extension allowed of 15 days on and from that date bringing the time within which service could he made up .to- November 9, 1914, but same was not made until November 14, 1914. On December 12, 1914, plaintiff in error filed motion for an extension of the time in which service of casevmade could be had, which reads in part as follows:

“That the findings of fact and conclusions of law made and found by the court in ithe above entitled case were not made and filed in the office of the clerk of the district court until November 9, 1914; that when these findings of fact and conclusions of law were filed with the clerk, the attorneys for the said Walter Williford McLean were under the impression that they had until the 15th day of November, 1914, in which to file and serve said case-made with the attorneys for Thomas J. McLean et al.; that it is the belief of L. F. Roberts, one of the attorneys for Walter Williford McLean, that the judge of the district court was of the opinion that the attorneys for the said Walter Williford McLean had until the 15th day of November, 1914, in which to file and serve said case-made with the attorneys of Thomas J. McLean et at.; that the case was in fact served on the attorneys for Thomas J. McLean el al. on the 14th day of November, 1914-, but the said L. F. Roberts has since discovered that the same was served out *767 of time, and that same should have been served on or before the 9th day of November,. 1914.”

Upon the application containing the aboye admission that the time formerly allowed for service of case-made had expired more than 30 days prior thereto', the court attempted to make an order extending such time to- include the 14th day of November, 1914, said, order being dated December 12, 1914, -and indorsed filed November 12, 1914. This order, it is clear, the court had no jurisdiction to malee, and the same was therefore void and did not operate retrospectively so as' to' render valid the service of said case-made after the time therefor had expired.

The appeal is therefore dismissed.

All the Justices concur.

Cite This Page — Counsel Stack

Bluebook (online)

1915 OK 120, 147 P. 302, 45 Okla. 765, 1915 Okla. LEXIS 559, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mclean-v-mclean-okla-1915.

Opinion

Related

Cite This Page — Counsel Stack