Whitten v. Farm & Home Savings & Loan Ass'n

1938 OK 648, 85 P.2d 759, 184 Okla. 132, 1938 Okla. LEXIS 447

• Court: Supreme Court of Oklahoma
• Decided: December 13, 1938
• Docket: No. 28861.
• Status: Published

Opinion

PER CURIAM.

This is an appeal from an order and judgment in favor of the plaintiff, Farm & Home Savings & Loan Association of Missouri, against the defendants, M. L. Whitten and his wife, Viola Whitten. After the order overruling the motion for new trial was entered, the court extended the time to mase and serve a case-made 20 days from August 3, 1938, which order expired on the 23rd day of August thereafter. It was not until the 25th day of August, 1938, that the ease-made was served. The appeal must be dismissed. Jones v. Blanton, 130 Okla. 200, 266 P. 438; Michael v. Farm & Home Savings & Loan Ass’n of Missouri, 171 Okla. 391, 43 P.2d 76; United Mining & Milling Co. v. First National Bank, 167 Okla. 638, 31 P.2d 550; Harrell v. Cole, 168 Okla. 423, 33 P.2d 613; Morris Plan of Okla. v. Caudill, 170 Okla. 367, 40 P.2d 650; Hawkins v. Steil, 172 Okla. 301, 45 P.2d 147: Graf Packing Co. v. Palphrey, 178 Okla. 95, 62 P.2d 53.

The appeal -is dismissed.

OSBORN, C. J., BAYLESS, V. C. J., and WELCH, CORN, and HURST, JJ., concur.