Ft. Smith W. R. Co. v. McKee
FT. SMITH & W. R. CO. v. McKEE
Syllabus
Summary
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Opinion of the Court
HAYES, C. J.
The judgment from which this appeal is prosecuted was rendered on the 8th day of July, 1912. The ease-made bears an indorsement purporting to show that it was filed in the office of the clerk of the county court on the 9th day of November, 1912; but' the case-made was not signed and settled by the trial judge until the 25th day of November, 1912. There has therefore never been any valid filing of the case-made in the office of the clerk of the court; and the case-made is for that reason a nullity.
The statutory time within which to perfect an appeal to this court has expired; and there exists, therefore, no time within which plaintiff in error might withdraw the case-made and perfect same by filing it with the clerk of the trial court; and upon authority of Brooks et al. v. United Mine *195 Workers of America et al., 36 Okla. 109 , 128 Pac. 236 , and Marple v. Farmers’ & Merchants’ Nat. Bank, 28 Okla. 810 , 115 Pac. 1124 , the appeal must be dismissed.
All the Justices concur.
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