Sharp v. Sharp
SHARP v. SHARP Et Al.
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Opinion of the Court
HARRISON, J.
Motion to dismiss the above-entitled case was filed in this court June 30, 1920, with acceptance of service attached.
Defendants in error move to dismiss appeal upon two grounds:
1st. That the case-made was signed and settled on April 20th, although defendants in error had until April 22nd to suggest amendments, and that therefore this court has not acquired jurisdiction — citing Qum-mings r. Tate, 47 Okla. 54 , 147 Pac. 304 ; Wilson v. Branigan, 67 Oklahoma, 168 Pae. 819; City of Enid v. McCann, 67 Oklahoma, 171 Pac. 452 .
2nd. That the appeal is without merit and frivolous.
Service of motion to dismiss was made more than five months ago; no response has been filed and no resistance made to same.
' The ground for dismissal is sustained by the authorities cited.
This court has held in several cases that the time within which to suggest amendments to a case-made begins to run from the expiration of time allowed within which to serve same, and not from the actual service thereof; and the case-made, signed and settled before the time to suggest amendments, is a nullity.
The appeal is dismissed upon the authorities herein cited.
All the Justices concur.
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