Supreme Court of Oklahoma, 1913

Ft. Smith W. R. Co. v. McKee

Ft. Smith W. R. Co. v. McKee
Supreme Court of Oklahoma · Decided May 20, 1913 · Hayes
132 P. 497; 38 Okla. 194; 1913 OK 328; 1913 Okla. LEXIS 337

Ft. Smith W. R. Co. v. McKee

Opinion of the Court

HAYES, C. J.

The judgment from which this appeal is prosecuted was rendered on the 8th day of July, 1912. The ease-made bears an indorsement purporting to show that it was filed in the office of the clerk of the county court on the 9th day of November, 1912; but' the case-made was not signed and settled by the trial judge until the 25th day of November, 1912. There has therefore never been any valid filing of the case-made in the office of the clerk of the court; and the case-made is for that reason a nullity.

The statutory time within which to perfect an appeal to this court has expired; and there exists, therefore, no time within which plaintiff in error might withdraw the case-made and perfect same by filing it with the clerk of the trial court; and upon authority of Brooks et al. v. United Mine *195 Workers of America et al., 36 Okla. 109, 128 Pac. 236, and Marple v. Farmers’ & Merchants’ Nat. Bank, 28 Okla. 810, 115 Pac. 1124, the appeal must be dismissed.

All the Justices concur.

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