Altus Alfalfa Milling Co. v. Tappan
Cases that cite this one
1 later published case cites this decision.
- Harvey v. Benmo Oil Co. (United States District Court, Oklahoma Eastern 1921)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
This cause comes on tó be heard upón'.a motion to dismiss, upon the ground that the petition in error and case-made were not filed in this court within the time required by law.
The motion must be sustained. The record shows that on the 12th day of May, 1910, a motion for a new trial was overruled, and the plaintiff in error was granted 90 days within which to prepare and serve a case-made; that 10 days were given the defendant in error within which to suggest amendments, and said case to be settled upon 5 days’ notice; that on the 11th day of August, 1910, counsel for plaintiff in error served his case-made. The case was served one day out of time. It is well settled that under such circumstances the appeal must be dismissed.
It is so ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.