Cunyan v. Clemmer
Supreme Court of Oklahoma
Cunyan v. Clemmer, 126 P. 578 (Okla. 1912)
33 Okla. 480; 1912 OK 562; 1912 Okla. LEXIS 732
Hayes, Turner, Williams, Kane, Dunn
Cunyan v. Clemmer
Opinion of the Court
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.
Reference
- Full Case Name
- Cunyan v. Clemmer.
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- 2 cases
- Status
- Published
- Syllabus
- APPEAL AND ERROR — Case-Made—Delay in Service. A purported ease-made, which is not served within three days after the judgment or order appealed from is entered, or within an extension of time duly allowed, is a nullity, and cannot be considered by this court. (Syllabus by the Court.)