Western Coal & Mining Co. v. Tulloss
Cases that cite this one
3 later published cases cite this decision.
- Roberts v. Sims (Okla. 1924)
- Woodyard v. Burdett (Okla. 1924)
- Farmers' Grain & Supply Co. v. Isaac (Okla. 1916)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
On December 22, 1913, judgment was rendered and entered for plaintiff, whereupon a motion was granted extending the time in which tó file a motion for new trial. On December 29, 1913, a motion for a new trial was filed and overruled, and defendant brings the case here.
The motion to dismiss is sustained for the reason that the motion for new trial was filed out of time. Rev. Laws 1910, sec. 5035, is mandatory, and the trial court had no power to grant an extension beyond the time specified in the statute. Allen v. Gates, 38 Okla. 408, 134 Pac. 51; Joiner v. Goldsmith, 25 Okla. 840, 107 Pac. 733.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.