In re TAYLOR'S ESTATE

In re TAYLOR'S ESTATE
1943 OK 68
134 P.2d 591
192 Okla. 143
Case Number: 31176
Decided: 03/02/1943
Supreme Court of Oklahoma

In re TAYLOR'S ESTATE
LIGGINS et al.
v.
TAYLOR et al.

Syllabus

¶0 APPEAL AND ERROR--Nullity of case-made not made and served within time.
Where plaintiff in error fails to make and serve case-made within the time allowed by statute, or within the time extended by the court, the same is a nullity and brings nothing before this court for review.

Appeal from District Court, Lincoln County; J. Knox Byrum, Judge.

Proceeding in the probate of estate of Louis Taylor, deceased. From an order made on the petition to determine the heirs, Roland Liggins et al. appeal. Dismissed.

Wm. A. Vassar, of Chandler, and Ernest Richards, of Oklahoma City, for plaintiffs in error.
Bruce & Rowan, of Oklahoma City, for defendants in error.

PER CURIAM.

¶1 This is an appeal from an order and judgment entered April 24, 1942, involving the estate of Louis Taylor, deceased. The appeal is by petition in error with case-made attached. The last extension of time in which to make and serve case-made expired on September 21, 1942. The case-made was not served until October 15, 1942.

¶2 The errors complained of can only be reviewed upon a case-made, and since the case-made was not served within time it presents no errors for review, and the motion to dismiss the appeal must be sustained. Whitten et al. v. Farm & Home Savings & Loan Ass'n of Missouri, 184 Okla. 132, 85 P.2d 759.

¶3 The appeal is dismissed.

¶4 CORN, C. J., and BAYLESS, WELCH, HURST, DAVISON, and ARNOLD, JJ., concur. GIBSON, V. C. J., and RILEY and OSBORN, JJ., absent.