STORE v. LUCAS

STORE v. LUCAS
1915 OK 655
151 P. 1074
51 Okla. 276
Case Number: 5295
Decided: 09/21/1915
Supreme Court of Oklahoma

POPE FEED STORE
v.
LUCAS.

Syllabus

¶0 APPEAL AND ERROR--Case-Made--Service--Time. A case-made not served within the time fixed by an order of court is a nullity, and cannot be considered by the Supreme Court on appeal.

Error from County Court, Sequoyah County; J. G. McCombs, Judge.

Action by the Pope Feed Store against J. S. Lucas. Judgment for defendant, and plaintiff brings error. Dismissed.

J. H. Jarman, for plaintiff in error.
Frye & Frye, for defendant in error.

DUDLEY, C.

¶1 The defendant in error has filed a motion to dismiss this proceeding in error for the reason, among others, that the purported case-made was not served within the time fixed by the trial court. An examination of the record discloses a final judgment was rendered on March 20, 1913, and plaintiff given 60 days within which to prepare and serve case-made. The case-made was served on May 20, 1913. The time expired on May 19th. It follows that the case-made was not served within the time. This being true, it is a nullity, and cannot be considered by the court.

¶2 The cause should therefore be dismissed. Hughes v. Martin, 43 Okla. 710, 144 P. 356.

¶3 By the Court: It is so ordered.