Western Coal & Mining Co. v. Tulloss
This text of 1914 OK 344 (Western Coal & Mining Co. v. Tulloss) 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.
Opinion
On December 22, 1913, judgment was rendered and entered for plaintiff, whereupon a motion was granted extending the time in which tó file a motion for new trial. On December 29, 1913, a motion for a new trial was filed and overruled, and defendant brings the case here.
The motion to dismiss is sustained for the reason that the motion for new trial was filed out of time. Rev. Laws 1910, sec. 5035, is mandatory, and the trial court had no power to grant an extension beyond the time specified in the statute. Allen v. Gates, 38 Okla. 408, 134 Pac. 51; Joiner v. Goldsmith, 25 Okla. 840, 107 Pac. 733.
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Cite This Page — Counsel Stack
1914 OK 344, 142 P. 1035, 43 Okla. 298, 1914 Okla. LEXIS 515, Counsel Stack Legal Research, https://law.counselstack.com/opinion/western-coal-mining-co-v-tulloss-okla-1914.