Wills v. Buzbee

1914 OK 246, 140 P. 1146, 42 Okla. 206, 1914 Okla. LEXIS 334

• Court: Supreme Court of Oklahoma
• Decided: May 12, 1914
• Docket: 3528
• Status: Published

Opinion

Opinion by

SHARP, C.

The motion for a new trial in this case was overruled August 17, 1911, at which time plaintiff was granted 60 days in which to make and serve case-macle for the Supreme Court. October 19th thereafter, after the expiration of the time originally granted, the court made an order granting an extension of 30 days for preparing, serving, and filing said case-made, and on November 21st a further extension of 30 days was granted by the court. Neither of the latter two orders were' valid, because made after the expiration of the time originally granted. Lathim v. Schlack, 27 Okla. 522, 112 Pac. 968; Lawson et al. v. Zeigler, 33 Okla. 368, 125 Pac. 724; Hurst et al. v. Wheeler, 35 Okla. 639, 130 Pac. 934; Williams v. New State Bank, 38 Okla. 326, 132 Pac. 1087; Campbell v. Ruble, 40 Okla. 48, 135 Pac. 1050. The case-macle was served December 21, 1911, after the time originally granted had expired, as well as after the expiration of the additional periods allowed by the subsequent orders, if they had been valid.

The plaintiff, at the time this appeal was attempted, had three days by statute in which to make and serve his case-made upon the defendant, after the judgment was entered, and, not having done so within that time, or the extension of 60 days granted by the court, the case cannot be considered by this court. Carr v. Thompson et al., 27 Okla. 7, 110 Pac. 667; Foulds v. Hubbard, 36 Okla. 146, 128 Pac. 108; St. Louis & S. F. R. Co. v. Rickey, 33 Okla. 481, 126 Pac. 735; Brown-Beane Co. et al. v. Rucker et al, 36 Okla. 696, 136 Pac. 1075.

The appeal should therefore be dismissed.

By the Court: It is so ordered.