FIRST NAT. BANK OF WELLSTON v. SHAFER

FIRST NAT. BANK OF WELLSTON v. SHAFER
1915 OK 911
152 P. 1084
49 Okla. 340
Case Number: 7403
Decided: 11/09/1915
Supreme Court of Oklahoma

FIRST NAT. BANK OF WELLSTON
v.
SHAFER.

Syllabus by the Court.

¶0 The time allowed by the trial court for the suggestion of amendments to a case-made commences to run, not from the date of the service of case-made, but from the expiration of the period of extension.

In the absence of a waiver by the defendant in error, a case-made signed and settled by the trial court before the expiration of the time granted for the suggestion of amendments is a nullity.

Ira E. Billingslea, of Wellston, for plaintiff in error.
Erwin & Erwin, of Wellston, for defendant in error.

PER CURIAM.

¶1 In this cause the motion for new trial was overruled on February 22, 1915, and plaintiff in error granted an extension of 90 days in which to make and serve case-made, 10 days thereafter allowed for the suggestion of amendments, same to be settled and signed on 5 days' notice by either party. The 90 days' extension for serving case-made would have expired on the 23d of May, 1915, but, such being Sunday, the extension did not expire until May 24, 1915. The 10 days allowed defendant in error to suggest amendments did not expire until June 3, 1915. The case-made was served on March 30, 1915, and on May 28th, after notice duly served, the trial judge attempted to sign and settle the same, although no amendments had been suggested, nor was there any waiver on the part of the defendant in error. This was error, and the motion to dismiss will be sustained. Reed v. Walcott,

¶2 It is so ordered.