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Ballinger Lee v. Von Weise

BALLINGER & LEE Et Al. v. VON WEISE

Ballinger Lee v. Von Weise, 1912 OK 7, 121 P. 250
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Court
Supreme Court of Oklahoma · State Highest Courts
Decided
January 9, 1912
Docket
No. 1607
Judges
Ames
Citations
121 P. 2501912 OK 732 Okla. 1141912 Okla. LEXIS 229
Disposition
Affirmed.
Syllabus
APPEAL AND ERROR — Review—Necessity of Case-Made. Errors not arising on the record proper cannot be considered in this court, unless the proceedings are brought to this court by a case-made, served within the time allowed by law or fixed by the order of the court. (Syllabus by Ames, C.)
Summary
Error from Carter County Court; I. R. Mason, Judge. Action by Charles Von Weise against Ballinger & Lee, to recover damages on account of breach of contract. Judgment for plaintiff, and defendants 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 — Ames

Opinion by AMES, C.

The motion for new trial in this case was overruled on December 11th, and sixty days were al *115 lowed within which to serve the case-made. The case-made was served on February 11th. No extension of time was procured, and therefore the case was not served within the time fixed by the court. We cannot therefore consider errors not appearing on the record proper, and, as none of the errors assigned arise on the record proper, the case should be affirmed.

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.

1913: 11915: 119132026peak 1913 · 1

Relies on it most ⓘ

  1. Homeland Realty Co. v. Robison1913 OK 628, 136 P. 585
  2. Gourley v. Williams1915 OK 369, 149 P. 229

Most recent

  1. Gourley v. Williams1915 OK 369, 149 P. 229
  2. Homeland Realty Co. v. Robison1913 OK 628, 136 P. 585

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 0

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