BOND Treasurer of Atoka County et al v. WATSON et al.

BOND Treasurer of Atoka County et al v. WATSON et al.
1913 OK 165
130 P. 933
35 Okla. 648
Case Number: 4508
Decided: 03/11/1913
Supreme Court of Oklahoma

BOND, Treasurer of Atoka County, et al.
v.
WATSON et al.

Syllabus

¶0 APPEAL AND ERROR--Case-Made--Preparation--Service--Time--Extension. Appeal dismissed for failure to serve case-made in time.

Error from District Court, Atoka County; Robt. M. Rainey, Judge.

Action between Henry J. Bond, as Treasurer of Atoka County, and the Board of County Commissioners of such county, and Pete Watson and another. From a judgment in favor of the latter, the former bring error. Dismissed.

J. W. Jones, Co. Atty., I. L. Cook, and W. S. Farmer, for plaintiffs in error.
J. G. Ralls, for defendants in error.

KANE, J.

¶1 This cause comes on to be heard upon a motion to dismiss the appeal, upon the ground, among others, that "the judgment in the trial court from which this appeal is prosecuted was rendered on the 8th day of May, 1912, and the plaintiffs in error were given 90 days' extension of time in which to prepare and serve case-made upon the defendants in error, and the plaintiffs in error failed to serve case-made upon these defendants in error within said 90 days, but, without notice to these defendants in error, they did, on the 8th day of August, 1912, secure an order from the trial judge extending the time 60 days from the 8th day of August, 1912; but at the time said extension was granted the 90 days previously granted had expired, and the order of the court entered on the 8th day of August, 1912, being after the 90 days had expired, rendered all extensions of time a nullity." This is a sufficient ground for dismissal.

¶2 The motion to dismiss must therefore be sustained.

¶4 ¶3 WILLIAMS, DUNN, and TURNER, JJ., concur; HAYES, C. J., absent, and not participating.