Schuler v. State ex rel. Coryell

Supreme Court of Oklahoma

Schuler v. State ex rel. Coryell

1951 OK 267, 236 P.2d 672, 205 Okla. 212, 1951 Okla. LEXIS 618

CourtSupreme Court of Oklahoma

DecidedOctober 16, 1951

DocketNo. 35045

StatusPublished

Cited by2 cases

This text of 1951 OK 267 (Schuler v. State ex rel. Coryell) 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

Schuler v. State ex rel. Coryell, 1951 OK 267, 236 P.2d 672, 205 Okla. 212, 1951 Okla. LEXIS 618 (Okla. 1951).

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Opinion

CORN, J.

Plaintiff obtained a judgment September 22, 1950. Motion for new trial was filed September 25, 1950, and overruled September 29, 1950. Thereafter there were two orders of extension of time in which to make and serve a case-made. The appeal was not filed in this court until March 12, 1951.

There was no attempt to obtain an order in which to extend the time to file the appeal in this court. 12 O.S. 1941 §972, as amended by S.L. 1949, p. 97, §1, provides that appeals must be lodged in this court within three months after the judgment from which the appeal is taken. In Adams v. Hobb, 204 Okla. 85, 226 P. 2d 913, this court held that it was necessary to obtain an order extending the time to appeal under the terms of that amendment within three months after the rendition of the judgment. Therein it is also held that an order of the trial court extending the time within which to make and serve a case-made does not extend the time for appeal. See, also, Sheets v. Sheets, 204 Okla. 88, 226 P. 2d 915; East Side Baptist Church et al. v. Morgan, 204 Okla. 685, 233 P. 2d 957.

Since the appeal was not lodged in this court within three months after the date judgment was rendered, the appeal must be and the same is dismissed.

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CORN, J.

Plaintiff obtained a judgment September 22, 1950. Motion for new trial was filed September 25, 1950, and overruled September 29, 1950. Thereafter there were two orders of extension of time in which to make and serve a case-made. The appeal was not filed in this court until March 12, 1951.

There was no attempt to obtain an order in which to extend the time to file the appeal in this court. 12 O.S. 1941 §972, as amended by S.L. 1949, p. 97, §1, provides that appeals must be lodged in this court within three months after the judgment from which the appeal is taken. In Adams v. Hobb, 204 Okla. 85, 226 P. 2d 913, this court held that it was necessary to obtain an order extending the time to appeal under the terms of that amendment within three months after the rendition of the judgment. Therein it is also held that an order of the trial court extending the time within which to make and serve a case-made does not extend the time for appeal. See, also, Sheets v. Sheets, 204 Okla. 88, 226 P. 2d 915; East Side Baptist Church et al. v. Morgan, 204 Okla. 685, 233 P. 2d 957.

Since the appeal was not lodged in this court within three months after the date judgment was rendered, the appeal must be and the same is dismissed.

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Bluebook (online)

1951 OK 267, 236 P.2d 672, 205 Okla. 212, 1951 Okla. LEXIS 618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schuler-v-state-ex-rel-coryell-okla-1951.

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