Independent School District No. 4 v. Purdy

Supreme Court of Oklahoma
Independent School District No. 4 v. Purdy, 322 P.2d 206 (Okla. 1958)
1958 OK 42; 1958 Okla. LEXIS 334
Williams, Corn, Johnson, Halley, Blackbird, Carlile

Independent School District No. 4 v. Purdy

Opinion of the Court

WILLIAMS, Justice.

This is an attempted appeal from a judgment in favor of Plaintiff in an action for breach of contract. The attempted appeal is by case-made. Defendant’s motion for a new trial was overruled on April 4, 1957, at which time an order was made allowing defendant 60 days from such date in which to make and serve case-made. The 60 days given in which to make and serve case-made expired June 3, 1957. No further order extending the time in which to make and serve the case-made was entered. The case-made was served on June 6, 1957.

Where the case-made is not served within 15 days after the time of the final order en*207tered in the trial court, or within time fixed by a timely and valid order of the trial court extending the time for service of the case-made, this court is without jurisdiction to review the errors complained of arising upon such case-made, and the appeal will he dismissed. J. & J. Furniture Co. v. Oklahoma Discount Corp., Okl., 277 P.2d 116; Evans v. Wilcox, 208 Okl. 76, 253 P.2d 566; Clayton v. Clayton, 202 Okl. 576, 216 P.2d 314.

Appeal dismissed.

CORN, V. C. J., and JOHNSON, HALLEY, BLACKBIRD, and CARLILE, JJ., concur.

Reference

Full Case Name
INDEPENDENT SCHOOL DISTRICT NO. 4, Major County, Oklahoma, in Error v. J. W. PURDY, in Error
Cited By
2 cases
Status
Published