Supreme Court of Oklahoma, 1912

Cunyan v. Clemmer

Cunyan v. Clemmer
Supreme Court of Oklahoma · Decided September 11, 1912 · Hayes, Turner, Williams, Kane, Dunn
126 P. 578; 33 Okla. 480; 1912 OK 562; 1912 Okla. LEXIS 732

Cunyan v. Clemmer

Opinion of the Court

HAYES, J.

This appeal is prosecuted upon petition in error and case-made. On the 28th day of August, 1911, within an extension of time theretofore granted in which to serve a case-made, plaintiff in error was granted by the trial judge, as a further extension of time within which to serve his case, a period of ten days from that date. The case-made was not served until September 8th, which was one day after the expiration of the extended period, and the case-made is therefore void, and the appeal must be dismissed. Cowan v. Maxwell, 27 Okla. 87, 111 Pac. 388; London & Lancashire Fire Ins. Co. v. Cummings et al., 23 Okla. 126, 99 Pac. 654; Bettis v. Cargile et al., 23 Okla. 301, 100 Pac. 436.

TURNER, C. J., and WILLIAMS, KANE, and DUNN, JJ., concur.

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