Ballinger Lee v. Von Weise
Supreme Court of Oklahoma
Ballinger Lee v. Von Weise, 121 P. 250 (Okla. 1912)
32 Okla. 114; 1912 OK 7; 1912 Okla. LEXIS 229
Ames
Ballinger Lee v. Von Weise
Opinion of the Court
Opinion by
The motion for new trial in this case was overruled on December 11th, and sixty days were al *115 lowed within which to serve the case-made. The case-made was served on February 11th. No extension of time was procured, and therefore the case was not served within the time fixed by the court. We cannot therefore consider errors not appearing on the record proper, and, as none of the errors assigned arise on the record proper, the case should be affirmed.
By the Court: .It is so ordered.
Reference
- Full Case Name
- BALLINGER & LEE Et Al. v. VON WEISE
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- APPEAL AND ERROR — Review—Necessity of Case-Made. Errors not arising on the record proper cannot be considered in this court, unless the proceedings are brought to this court by a case-made, served within the time allowed by law or fixed by the order of the court. (Syllabus by Ames, C.)