STATE ex rel. INVESTOR'S SYNDICATE v. GRAHAM

STATE ex rel. INVESTOR'S SYNDICATE v. GRAHAM
1936 OK 853
63 P.2d 692
178 Okla. 473
Case Number: 27065
Decided: 12/22/1936
Supreme Court of Oklahoma

STATE EX REL.
v.
GRAHAM

Syllabus

¶0 APPEAL AND ERROR - Time for Perfecting Appeal not Extended by Unnecessary Motion for New Trial After Judgment on Agreed Statement of Facts.
When a cause is tried upon an agreed statement of facts, leaving for the court the sole question of application of the law to such facts, a motion for a new trial is unnecessary and unauthorized by the statute and does not extend the time within which an appeal may be perfected in the Supreme Court, and the time for perfecting such appeal runs from the date judgment is rendered and not from the date of the overruling of such unnecessary and unauthorized motion.

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

Proceeding for writ of mandamus by the State on relation of Investors' Syndicate against W.F. Graham, Water Commissioner of the City of Tulsa. From an order denying the writ, an appeal is prosecuted. Dismissed.

Yancey, Spillers & Brown, for plaintiff in error.
H.O. Bland, E.M. Gallaher, and Milton W. Hardy, for defendant in error.

PER CURIAM.

¶1 This is a companion case to cause No. 27064, State of Oklahoma ex rel. Investors' Syndicate v. Graham, decided Dec. 1, 1936, 178 Okla. 259, 62 P.2d 986. Upon the authority and holding of that case, this case is dismissed.