Banks v. Watson
BANKS Et Al. v. WATSON Et Al.
Syllabus
Summary
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Opinion of the Court
TURNER, J.
The judgment from which this appeal is prosecuted was rendered on April 28, 1913. On the same day motion for a new trial was filed, and on May 15, 1913, was-overruled. The case-made bears no endorsement purporting to show that it was filed in the office of the clerk of the trial court, and for that reason it is a nullity. Rev. Laws 1910, sec. 5242;
St. Louis, I. M. & S. R. Co. v. Burrow, 33 Okla. 701 , 127 Pac. 478 . The statutory period of six months, within which to perfect an appeal to this court, having expired, no time remains within which plaintiffs in error can withdraw the case-made and perfect the same by filing it with the clerk of the trial court; and, upon the authority of Brooks et al. v. United Mine Workers of America et al., 36 Okla. 109 , 128 Pac. 236 , and Ft. Smith & W. R. Co. v. McKee, 38 Okla. 194 , 132 Pac. 497 , the case-made cannot be considered on appeal. Certifying the same also as a transcript avails nothing, for the reason that no error is assigned apparent on the face of the record. The motion to dismiss is sustained. ■ All the Justices concur.
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