HEATH v. TANNER.

HEATH v. TANNER.
1912 OK 40
120 P. 636
30 Okla. 598
Case Number: 1215
Decided: 01/09/1912
Supreme Court of Oklahoma

HEATH
v.
TANNER.

Syllabus

¶0 APPEAL AND ERROR--Dismissal--Failure to Serve Case-Made. A party desiring to appeal has three days by statute in which to serve a case-made after the judgment or order appealed from is entered, and unless such case-made is served within that time the case will not be considered in this court. Carr v. Thompson, 27 Okla. 7, 110 P. 667.

Error from Comanche County Court; Jas. H. Wolverton, Judge.

Action by W. I. Tanner against C. W. Heath. Judgment for plaintiff, and defendant brings error. Dismissed.

B. M. Parmenter, for plaintiff in error.
Stubblefield & Whalen, for defendant in error.

ROBERTSON, C.

¶1 In this case judgment was entered on November 28, 1908. Service of case-made was acknowledged by attorneys for defendant in error March 29, 1909. Waiver of notice as to the time and place of settling and signing was signed by attorneys for defendants November 5, 1909. The purported case-made was not made and served within three days from the date of judgment, and no extension of time for that purpose was asked for by plaintiff in error, or granted by the court. This court, therefore, is without jurisdiction to consider any of the alleged errors sought to be shown thereby. Therefore, on the authority of Carr v. Thompson et al., 27 Okla. 7, 110 P. 667, Cowan v. Maxwell, 27 Okla. 87, 111 P. 388, McCoy v. McCoy, 27 Okla. 371, 112 P. 1040, Willson v. Willson, 27 Okla. 419, 112 P. 970, School District v. Cox, 27 Okla. 459, 112 P. 1041, and Lathim v. Schlack, 27 Okla. 522, 112 P. 968, the petition in error is dismissed.

¶2 By the Court: It is so ordered.

¶3 All the Justices concur.