CUNYAN v. CLEMMER

CUNYAN v. CLEMMER
1912 OK 562
126 P. 578
33 Okla. 480
Case Number: 3838
Decided: 09/11/1912
Supreme Court of Oklahoma

CUNYAN
v.
CLEMMER.

Syllabus

¶0 APPEAL AND ERROR--Case-Made--Delay in Service. A purported case-made, which is not served within three days after the judgment or order appealed from is entered, or within an extension of time duly allowed, is a nullity, and cannot be considered by this court.

W. B. Clark, for plaintiff in error.
W. K. Moore and L. A. Maris, for defendant in error.

HAYES, J.

¶1 This appeal is prosecuted upon petition in error and case-made. On the 28th day of August, 1911, within an extension of time theretofore granted in which to serve a case-made, plaintiff in error was granted by the trial judge, as a further extension of time within which to serve his case, a period of ten days from that date. The case-made was not served until September 8th, which was one day after the expiration of the extended period, and the case-made is therefore void, and the appeal must be dismissed. Cowan v. Maxwell, 27 Okla. 87, 111 P. 388; London & Lancashire Fire Ins. Co. v. Cummings et al., 23 Okla. 126, 99 P. 654; Bettis v. Cargile et al., 23 Okla. 301, 100 P. 436.

¶2 TURNER, C. J., and WILLIAMS, KANE, and DUNN, JJ., concur.