Bond v. Watson

Supreme Court of Oklahoma
Bond v. Watson, 130 P. 933 (Okla. 1913)
35 Okla. 648; 1913 OK 165; 1913 Okla. LEXIS 136
Kane, Williams, Dunn, Turner, Hayes

Bond v. Watson

Opinion of the Court

KANE, J.

This cause conies on to be heard upon a motion to dismiss the appeal, upon the ground, among others, that “the judgment in the trial court from which this appeal is prosecuted *649 was rendered on the 8th day of May, 1912, and the plaintiffs in ■error were given 90 days’ extension of time in which to prepare and serve case-made upon the defendants in error, and the plaintiffs in error failed to serve case-made upon these defendants in error within said 90 days, but, without notice to these defendants in error, they did, on the 8th day of August, 1912, secure an order from the trial judge extending the time 60 days from the 8th day of August, 1912; but at the time said extension was ■granted the 90 days previously granted had expired, and the ■order of the court entered on the 8th day of August, 1912, being after the 90 days had expired, rendered all extensions of time a nullity.” This is a sufficient ground for dismissal.

The motion to dismiss must therefore be sustained.

WILLIAMS, DUNN, and TURNER, JJ., concur; HAYES, C. J., absent, and not participating.

Reference

Full Case Name
BOND, Treasurer of Atoka County, Et At. v. WATSON Et Al.
Status
Published
Syllabus
APPEAL AND ERROR — Case-Made—Preparation—Service—Time—Extension. Appeal dismissed for' failure to serve case-made in time. (Syllabus by the Court.)