WRIGHT v. WRIGHT

WRIGHT v. WRIGHT
1942 OK 347
129 P.2d 1007
191 Okla. 356
Case Number: 30658
Decided: 10/13/1942
Supreme Court of Oklahoma

WRIGHT
v.
WRIGHT

Syllabus

¶0 APPEAL AND ERROR--Nullity of case-made not made and served within legal time.
Where plaintiff in error fails to make and serve case-made within the time allowed by statute or within the time as extended by the court, the same is a nullity and brings nothing before the court for review.

Appeal from District Court, Johnston County; J. I. Goins, Judge.

Action in divorce by Cody Wright against Lucy Wright. From an order in contempt proceedings, plaintiff appeals. Dismissed.

W. L. Ratliff, of Tishomingo, for plaintiff in error.
Wm. D. French, of Tishomingo, for defendant in error.

PER CURIAM.

¶1 On the 10th day of June, 1941, the trial court entered an order extending the time in which to make and serve a case-made. This order expired on June 30, 1941, and no valid order of extension was made thereafter. The case-made was served on July 21, 1941. The appeal is dismissed under the rule announced in Jones v. Blanton, 130 Okla. 200, 266 P. 438, and Whitten v. Farm & Home Savings & Loan Ass'n of Missouri, 184 Okla. 132, 85 P.2d 759, for failure to make and serve a case-made within the time allowed by the order of the trial court.

¶2 Appeal dismissed.

¶3 CORN, V. C. J., and OSBORN, BAYLESS, GIBSON, HURST, and ARNOLD, JJ., concur. WELCH, C. J., and RILEY and DAVISON, JJ., absent.