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City of Enid v. McCann

City of Enid v. McCann, 1917 OK 484, 171 P. 452
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Court
Supreme Court of Oklahoma · State Highest Courts
Decided
October 9, 1917
Docket
No. 9382
Judges
Owen
Citations
171 P. 4521917 OK 48467 Okla. 681917 Okla. LEXIS 339
Disposition
Dismissed.
Cited by 8
Syllabus
('Syllabus.) Appeal and Error — Case-Made — Amendments — Time. The time within which to suggest amendments to a case-made begins to run from the expiration of the time allowed within which to serve same, and not from the actual service thereof; and a case-made, signed and settled before the expiration of the time to suggest amendments, is a nullity.
Summary
Error from District Court, Garfield County ; James B. Cullison, Judge. Action between the City of Enid and Lillian L. McCann. Judgment for the latter, and the former brings error.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Owen

OWEN, J.

Defendant in error moves to dismiss the appeal in this case for the rea *69 son that an order was entered in the lower court extending the time for the service of case-made until July 1, 1917, and providing that plaintiff be given ten days after service of case-made for suggesting amendments, same to be settled on five days’ notice. The case-made was actually served on June-18, 1917, and signed and settled on notice on July 6, 1917. It is urged by plaintiff in error that the time in which to suggest amendments began to run from the date of service, June 18th, and not from July 1st, the expiration off the time in which to serve the case-made. This case is ruled by the cases of Sov. Camp of W. O. W. v. Chumley, 58 Okla. 681 , 161 Pac. 1175 , and Frey v. McCune, 52 Okla. 648 , 153 Pac. 109 , and the motion must be sustained.

The appeal is therefore dismissed.

All the Justices concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 8 cases

View all citing references →
1919: 11920: 11922: 11923: 11930: 11932: 21933: 119192026peak 1932 · 2

Relies on it most ⓘ

  1. Ranney-Davis Mercantile Co. v. Morris1923 OK 20, 211 P. 1044
  2. American Surety Co. v. Wolsey1933 OK 165, 20 P.2d 158
  3. Bradfield v. Black1930 OK 173, 287 P. 1026
  4. Kolb v. Hightower1932 OK 82, 8 P.2d 23
  5. Hudgens v. State ex rel. Mills, Co. Attorney1922 OK 9, 204 P. 284
  6. Sharp v. Sharp1920 OK 378, 194 P. 100

Most recent

  1. American Surety Co. v. Wolsey1933 OK 165, 20 P.2d 158
  2. Kolb v. Hightower1932 OK 82, 8 P.2d 23
  3. Giant Powder Co. v. Fidelity & Deposit Co.7 P.2d 1023 (Cal. 1932)
  4. Bradfield v. Black1930 OK 173, 287 P. 1026
  5. Ranney-Davis Mercantile Co. v. Morris1923 OK 20, 211 P. 1044
  6. Hudgens v. State ex rel. Mills, Co. Attorney1922 OK 9, 204 P. 284

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Sovereign Camp of Woodmen of the World v. Chumley, 1916 OK 932, 161 P. 1175 7
Webber v. Blake, 1915 OK 928, 153 P. 109 2

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