BROOKS v. TITUS

BROOKS v. TITUS
1933 OK 340
23 P.2d 379
164 Okla. 207
Case Number: 23406
Decided: 05/31/1933
Supreme Court of Oklahoma

BROOKS
v.
TITUS

Syllabus

¶0 Appeal and Error--Dismissal--Void Order Extending Time to Make and Serve Case-Made.
An order extending the time in which to make and serve case-made is void when made after the time allowed by section 785, C. O. S. 1921 [O. S. 1931, see. 534], or when an order extending the same has expired, and this court acquires no jurisdiction to review any alleged errors based thereon.

Appeal from District Court, Tulsa County; Thurman S. Hurst, Judge.

Action by Mary Brooks against Mary Titus. From a judgment quieting title in defendant, plaintiff appeals. Dismissed.

James H. Gernert and S. A. Horton, for plaintiff in error.
W. A. Chase, for defendant in error.

OPINION: PER CURIAM.

¶1 A judgment was rendered on the 17th day of July, 1931, and thereafter an order overruling motion for new trial was entered on the 9th day of September, 1931, and 60 days in which to make and serve case-made was taken.

¶2 On the 9th day of October, 1931, 60 days was granted from October 9th in which to make and serve case-made. On the 7th day of December, 1931, 30 days from December 7, 1931, was granted in which to make and serve case-made; on January 6, 1932, the court entered its order allowing 30 days in addition to the time theretofore allowed, which 30 days expired on the 5th day of February, 1932.

¶3 Thereafter, on the 6th day of February 1932, the court purported to grant additional 30 days in which to make and serve case-made.

¶4 Under the holdings of this court, such order was void and of no effect, and a case-made served thereunder grants no authority to this court to review the errors therein contained. Hensley v. State, 121 Okla. 47, 247 P. 376.