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Todd v. Carter

TODD Et Al. v. CARTER Et Al.

Todd v. Carter, 1914 OK 377, 142 P. 996
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Court
Supreme Court of Oklahoma · State Highest Courts
Decided
August 18, 1914
Docket
No. 6239
Judges
Bleakmore
Citations
142 P. 9961914 OK 37743 Okla. 2381914 Okla. LEXIS 499
Disposition
Appeal dismissed.
Syllabus
APPEAL AND ERROR — Service of Case-Made — Dismissal. Where the only errors assigned occur at the trial and a case-made is not served within the time extended by order of the trial court, the appeal will be dismissed. (Syllabus by the Court.)
Summary
Brror from District Court, Nowata County; T. L- Brown, Judge. Action between C. C. Todd and others and Charles Carter and others. From the judgment, the parties first mentioned bring' 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 — Bleakmore

BLEAKMORE, J.

The questions involved herein arise on motion of defendants in error to dismiss this proceeding.

*239 The only assignments of error relied upon by the plaintiffs in error for reversal of the cause are errors alleged to have occurred at the trial.

Motion for new trial being overruled on November 6, 1913, plaintiffs were allowed 90 days within which to make and serve a case-made. Within the time, on January 27th .following, plaintiffs procured an extension of 30 days’ time from January 28, 1914, within which to make and serve said case-made. The case-made was not served until the 29th day of February, 1914, which was after the expiration of the time granted. The case-made is a nullity.

Saxon v. Hardin, 29 Okla. 17 , 118 Pac. 264 .

There being no questions presented by the record which can be considered in this court, the appeal is dismissed.

All the Justices concur.

How later courts describe this case

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

1914: 119142026peak 1914 · 1

Relies on it most ⓘ

  1. Phillips v. Dillingham1914 OK 490, 144 P. 363

Most recent

  1. Phillips v. Dillingham1914 OK 490, 144 P. 363

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
Saxon v. Hardin, 1911 OK 186, 118 P. 264 7

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