ALTUS ALFALFA MILLING CO. v. TAPPAN

ALTUS ALFALFA MILLING CO. v. TAPPAN
1911 OK 346
119 P. 204
29 Okla. 736
Case Number: 2592
Decided: 11/14/1911
Supreme Court of Oklahoma

ALTUS ALFALFA MILLING CO.
v.
TAPPAN.

Syllabus by the Court.

¶0 Appeal dismissed, upon the ground that the petition in error and case-made were not filed in the Supreme Court within the time limited by law.

Error from District Court, Jackson County; J. T. Johnson, Judge.

Action between the Altus Alfalfa Milling Company and Charles A. Tappan. From the judgment, the Milling Company brings error. Dismissed.

P. K. Morrill, for plaintiff in error. Crane & Ready, for defendant in error.

KANE, J.

¶1 This cause comes on to be heard upon a motion to dismiss, upon the ground that the petition in error and case-made were not filed in this court within the time required by law.

¶2 The motion must be sustained. The record shows that on the 12th day of May, 1910, a motion for a new trial was overruled, and the plaintiff in error was granted 90 days within which to prepare and serve a case-made; that 10 days were given the defendant in error within which to suggest amendments, and said case to be settled upon 5 days' notice; that on the 11th day of August, 1910, counsel for plaintiff in error served his case-made. The case was served one day out of time. It is well settled that under such circumstances the appeal must be dismissed.

¶3 It is so ordered.

¶4 All the Justices concur.