CRUTCHFIELD v. FORRESTER

CRUTCHFIELD v. FORRESTER
1939 OK 89
87 P.2d 323
184 Okla. 352
Case Number: 28898
Decided: 02/14/1939
Supreme Court of Oklahoma

CRUTCHFIELD et al.
v.
FORRESTER

Syllabus

¶0 APPEAL AND ERROR--Supreme Court Without Jurisdiction to Enter Order Extending Time to Make and Serve CaseMade After Expiration of Time for Appeal.
Section 539, O. S. 1931, 12 Okla. St. Ann. sec. 963, does not permit the Supreme Court to enter an order of extension of time to make and serve a case-made after the time for appeal has expired.

Appeal from District Court, Le Fiore County; Ben W. Belew, Judge.

Action by C. E. Forrester against O. C. Crutchfield and another. Judgment for plaintiff. Application by defendants to extend time to make and serve case-made. Application denied.

Babb & Babb, for plaintiffs in error.
A. E. White, for defendant in error.

PER CURIAM.

¶1 Defendant in error commenced this action in the district court of Le Flore county on the 9th day of November, 1933, and obtained a judgment on the 22d day of May, 1934. After a levy of execution and sale of real property to satisfy the judgment, the trial court entered an order approving the sale on April 4, 1938. On the 22d day of April, 1938, the court overruled a motion for new trial and granted 90 days to make and serve a case-made. After the 90 days had expired, the plaintiffs in error applied to the trial court for a further extension of time to make and serve the casemade, under the provisions of section 538, O. S. 1931, 12 Okla. St. Ann. sec. 962, and the trial court denied the application. The plaintiffs in error have applied for an extension of time under the provisions of section 539, O. S. 1931. 12 Okla. St. Ann. sec. 963. This court is without jurisdiction to enter an order permitting the case-made to be served.

¶2 Assuming, without deciding, that an appeal could be taken from the order overruling the motion for new trial entered on April 22, 1938, the time within which to appeal expired on October 22, 1938. The plaintiffs in error not having obtained any order under the provisions of section 539, supra, this court is now without jurisdiction to enter an order permitting the making and serving of a case-made after the time for appeal has expired.

¶3 The application is denied.