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1914 OK 246
140 P. 1146
42 Okla. 206
Case Number: 3528
Decided: 05/12/1914
Supreme Court of Oklahoma



¶0 1. APPEAL AND ERROR--Case-Made--Time--Extension. An order extending the time for making and serving a case-made, made after the expiration of the time theretofore fixed by order of the court or trial judge, is void.
2. SAME--Service--Time. A purported case-made, which is not served within three days after the judgment or order is entered, or within an extension of time duly allowed, is a nullity, and cannot be considered by this court.

Error from County Court, Greer County; Jarret Todd, Judge.

Action by John G. Wills against J. R. Buzbee. From a judgment for defendant, plaintiff brings error. Dismissed.

B. F. Van Dyke, for plaintiff in error
S. D. Williams and J. L. Carpenter, for defendant in error


¶1 The motion for a new trial in this case was overruled August 17, 1911, at which time plaintiff was granted 60 days in which to make and serve case-made for the Supreme Court. October 19th thereafter, after the expiration of the time originally granted, the court made an order granting an extension of 30 days for preparing, serving, and filing said case-made, and on November 21st a further extension of 30 days was granted by the court. Neither of the latter two orders were valid, because made after the expiration of the time originally granted. Lathim v. Schlack, 27 Okla. 522, 112 P. 968; Lawson et al. v. Zeigler, 33 Okla. 368, 125 P. 724; Hurst et al. v. Wheeler, 35 Okla. 639. 130 P. 934; Williams v. New State Bank, 38 Okla. 326, 132 P. 1087; Campbell v. Ruble, 40 Okla. 48, 135 P. 1050. The case-made was served December 21. 1911, after the time originally granted had expired, as well as after the expiration of the additional periods allowed by the subsequent orders, if they had been valid.

¶2 The plaintiff, at the time this appeal was attempted, had three days by statute in which to make and serve his case-made upon the defendant, after the judgment was entered, and, not having done so within that time, or the extension of 60 days granted by the court, the case cannot be considered by this court. Carr v. Thompson et al., 27 Okla. 7, 110 P. 667; Foulds v. Hubbard, 36 Okla. 146, 128 P. 108; St. Louis & S. F. R. Co. v. Rickey, 33 Okla. 481, 126 P. 735; Brown-Beane Co. et al. v. Rucker et al., 36 Okla. 696, 136 P. 1075.

¶3 The appeal should therefore be dismissed.

¶4 By the Court: It is so ordered.