EDWARDS et al. v. BYNUM et al.

EDWARDS et al. v. BYNUM et al.
1914 OK 274
141 P. 678
43 Okla. 148
Case Number: 5497
Decided: 06/16/1914
Supreme Court of Oklahoma

EDWARDS et al.
v.
BYNUM et al.

Syllabus

¶0 APPEAL AND ERROR--Review--Dismissal. (Syllabus in St. L. & S. F. R. Co. v. Nelson, 40 Okla. 143, 136 P. 590, is made the syllabus in this case.)

Error from District Court, Pittsburg County; Preslie B. Cole, Judge.

Action by James H. Bynum and others against W. S. Edwards and others. Judgment for plaintiffs, and defendants bring error. Dismissed.

Clayton & Clayton, for plaintiffs in error
Matthews & Rosenwinkel, for defendants in error

PER CURIAM.

¶1 This cause was tried in the district court of Pittsburg county, and judgment was rendered and entered on February 25, 1913. On February 28, 1913, defendants filed a motion for a new trial, which was overruled on March 21, 1913; whereupon they were granted 60 days in which to prepare and serve a case-made. For the reason that the filing of said motion was a vain thing, and plaintiffs in error did not prepare and serve a case-made within the three days allowed by statute from the rendition of the judgment, the appeal is dismissed. St. L. & S. F. R. Co. v. Nelson, 40 Okla. 143, 136 P. 590; C., R. I. & P. Ry. Co. v. City of Shawnee, 39 Okla. 728, 136 P. 591.