Evans v. Wilcox
Evans v. Wilcox
Opinion of the Court
This is an appeal from a judgment in favor of defendant in an action for personal injuries. The appeal is by case-made. An order allowing time in which to make and serve case-made was entered on February 6, 1952, at the time the-motion for new trial was overruled. The 60 days given in which to make and serve case-made expired on April 6, 1952. No-further order extending the time in which-to make and serve the case-made was entered. The case-made was served on April: 23, 1952.
A motion to dismiss has been filed, for the reason that the case-made was not served within the time given by the trial court or any valid order extending such-time. The motion must be sustained. In Wheeler v. Exchange Nat. Bank of Tulsa, 196 Okl. 405, 165 P.2d 614, 615, it is. stated:
“Where a case-made is not served within 15 days from the date of the rendition of the judgment appealed from or some legal extension thereof this court acquires no jurisdiction to review the errors complained of arising upon such case-made.”
Plaintiffs in error contend that the-order of the trial court extending the time-
■Appeal dismissed.
Reference
- Full Case Name
- EVANS v. WILCOX
- Cited By
- 2 cases
- Status
- Published