Morris Plan Co. of Oklahoma v. Caudill

Supreme Court of Oklahoma

Morris Plan Co. of Oklahoma v. Caudill

1935 OK 42, 40 P.2d 650, 170 Okla. 367, 1935 Okla. LEXIS 688

CourtSupreme Court of Oklahoma

DecidedJanuary 22, 1935

Docket25928

StatusPublished

Cited by3 cases

This text of 1935 OK 42 (Morris Plan Co. of Oklahoma v. Caudill) 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

Morris Plan Co. of Oklahoma v. Caudill, 1935 OK 42, 40 P.2d 650, 170 Okla. 367, 1935 Okla. LEXIS 688 (Okla. 1935).

Pincite

Opinion

PER CURIAM.

On the 28th day of March, 1934, a judgment was rendered for the plaintiff, and the motion for new trial was filed on the 31st day of March, 1934, and on the 13th day of April, 1934, the minutes of the clerk show that the motion for new trial was overruled and 60 days given in which to make and serve case-made.

The last extension of that order was made on August 8, 1934, said order being recorded at page 83 of the case-made, and 45 days was given “from the 11th day of August, 1934” in which to serve the case-made. The last day provided in that order expired with the 25th day of September, 1984, and the case-made was not served upon, the defendant in error until the 26th day of September, 1934. This court has repeatedly held that a case-made not served within time of the valid order of the court is a nullity, and where the errors complained of can only be reviewed by the proper presentation of such case-made, the appeal will be dismissed. Saddler v. Chappelle, 163 Okla. 102, 21 P. (2d) 761; Sautbine v. Johnson, 163 Okla. 121, 20 P. (2d) 1038; Collins-Dietz-Morris Co. v. Wright, 163 Okla. 54, 20 P. (2d) 574.

The appeal is therefore dismissed.

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PER CURIAM.

On the 28th day of March, 1934, a judgment was rendered for the plaintiff, and the motion for new trial was filed on the 31st day of March, 1934, and on the 13th day of April, 1934, the minutes of the clerk show that the motion for new trial was overruled and 60 days given in which to make and serve case-made.

The last extension of that order was made on August 8, 1934, said order being recorded at page 83 of the case-made, and 45 days was given “from the 11th day of August, 1934” in which to serve the case-made. The last day provided in that order expired with the 25th day of September, 1984, and the case-made was not served upon, the defendant in error until the 26th day of September, 1934. This court has repeatedly held that a case-made not served within time of the valid order of the court is a nullity, and where the errors complained of can only be reviewed by the proper presentation of such case-made, the appeal will be dismissed. Saddler v. Chappelle, 163 Okla. 102, 21 P. (2d) 761; Sautbine v. Johnson, 163 Okla. 121, 20 P. (2d) 1038; Collins-Dietz-Morris Co. v. Wright, 163 Okla. 54, 20 P. (2d) 574.

The appeal is therefore dismissed.

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Bluebook (online)

1935 OK 42, 40 P.2d 650, 170 Okla. 367, 1935 Okla. LEXIS 688, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morris-plan-co-of-oklahoma-v-caudill-okla-1935.

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