Landis v. Beal Hines
Supreme Court of Oklahoma
Landis v. Beal Hines, 142 P. 1109 (Okla. 1914)
43 Okla. 287; 1914 OK 405; 1914 Okla. LEXIS 512
Bleakmore
Landis v. Beal Hines
Opinion of the Court
This case presents error from the superior court of Pottawatomie county, and comes on to be heard upon the motion of defendants in error to dismiss the appeal. Motion for new trial was overruled on the 3d day of May, 1913. The purported case-made attached to the petition in error filed in this cause was never filed in the office of the clerk of the trial court, and is for that reason a nullity.
The statutory time within which to perfect an appeal has expired, and under the authority of Ft. Smith & W. R. Co. v. McKee; 38 Okla. 194, 132 Pac. 497, this proceeding must be dismissed.
Reference
- Full Case Name
- Landis v. Beal & Hines
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- APPEAL AND ERROR — Case-Made—Filing—Necessity. Where a ease.made is not filed in the office of the clerk of the trial court, it is a nullity, and cannot be considered on appeal to this court. (Syllabus by the Court.)