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Dodder v. Washita Lumber Co.

Dodder v. Washita Lumber Co., 1915 OK 614, 151 P. 679
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Court
Supreme Court of Oklahoma · State Highest Courts
Decided
September 7, 1915
Docket
No. 4826
Judges
Opinion by McKEOWN, C.
Citations
151 P. 6791915 OK 61451 Okla. 251915 Okla. LEXIS 924
Disposition
Dismissed.
Syllabus
APPEAL AND ERROR — Presentation for Review — Dismissal—Case-Made — Time to Make and Serve — Extension. Where, in a case-made, there appears, a purported journal entry of judgment, and a recitation that an order was made extending time to make and serve case-made, and the purported journal entry of judgment does not appear to have been filed by the clerk of the .court, or entered in the court journal, and the case-made or transcript of the record does not contain the order extending time to make- and serve case-made, and show that same has been filed with the clerk of the court, or entered in the journal, nothing is presented to this court for decision, and the cause will be dismissed. (Syllabus by McKeown, C.)
Summary
Error from County Court, Custer County; J. C. McKnight, Judge. Action by H. R. Dodder against the'Washita Lumber Company. -Judgment for defendant, and plaintiff 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 — McKEOWN

Opinion- by McKEOWN, C.

This court will examine the transcript of the record, and case-made, to ascertain its jurisdiction; and .when there appears a purported jour-; nal entry of judgment in the case-made, and a recitation that an order was made extending time to make and serve case-made, and the purported journal entry of judgment is not shown to have been filed by the clerk of the court, or entered in the journal of the court, and no order extending time to make and serve case-made being set out in the case-made, or shown to have been filed, or entered on the journal by the clerk of the trial court, this does not present anything to this court for decision, and a purported order of the trial judge extending time in which to make and serve a case-made is without force, when the case-made fails to show affirmatively that such order was made and entered.

Town of Okemah v. Allen, 48 Okla. 757 , 150 Pac. 669 .

We recommend that this cause be dismissed.

By the Court: It is so ordered.

How later courts describe this case

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

1916: 119162026peak 1916 · 1

Relies on it most ⓘ

  1. Board of Com'rs of Mayes County v. Vann159 P. 297 (Okla. 1916)

Most recent

  1. Board of Com'rs of Mayes County v. Vann159 P. 297 (Okla. 1916)

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 1

DepthCaseCited by
Town of Okemah v. Allen, 150 P. 669 (Okla. 1915) 2

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