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Dunlap v. C. T. Herring Lumber Co.

DUNLAP v. C. T. HERRING LUMBER CO. Et Al.

Dunlap v. C. T. Herring Lumber Co., 1914 OK 644, 145 P. 374
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Court
Supreme Court of Oklahoma · State Highest Courts
Decided
December 22, 1914
Docket
No. 3540
Judges
Thacker, Tolbert
Citations
145 P. 3741914 OK 64444 Okla. 4751914 Okla. LEXIS 727
Disposition
Appeal dismissed.
Cited by 6
Syllabus
1, . APPEAL AND ERROR — New Trial — Time for Perfecting Appeal. Where a case is tried upon an agreed statement which eliminates all questions of fact, a motion for a new trial is unauthorized by statute; and the time for making and serving a case-made for this court runs from the date of the rendition of judgment, unaffected by such motion or the order'overruling the same. 2. SAME — Case-Made—Time for Service. According to the law in force at the time, a party desiring to appeal had three days by statute in which to serve a case after a judgment or order was entered, and, unless such case was served within that time, or within an extension of time allowed by the court or judge within such time, the case will not be considered by this court. (Syllabus by Thacker, C.)
Summary
Error, from District Court, Kiowa County; Action by the C. T. Herring Lumber Company, a corporation, against the Blanchard Construction Company and others, for foreclosure of materialman’s lien.- Judgment for plaintiff, and defendant E. F. Dunlap 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 — Thacker

Opinion by THACKER, C.

This case was tried in the district court upon an agreed statement of facts upon which judgment was entered for plaintiff on the 5th day of August, 1911 ; and on the same date the defendant E. F. Dunlap filed motion for new trial, which was on the 30th day of August, 1911, overruled, and time then granted in which to serve a case-made. As has been repeatedly held by this court, a motion for a new trial is unauthorized where a case is tried upon an agreed statement of facts alone; and such motion does not operate to extend the period of three days allowed by statute in force at the date of the entry of judgment in this case, and therefore the order entered on the 30th day of August, 1911, extending such time, was a nullity, and does not confer upon this court jurisdiction to consider this case on appeal. See, School District No. 38, Hughes County, ex rel. F. M. Hale, Director, v. B. W. Mackey, Co. Treasurer, ante, 144 Pac. 1032 , and cases there cited.

For the reasons stated, the appeal should 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.

Cited by 6 cases

View all citing references →
1916: 21924: 11929: 11932: 11935: 119162026peak 1916 · 2

Relies on it most ⓘ

  1. Wentz v. Thomas1932 OK 636, 15 P.2d 65 · Concurrence
  2. Garland v. Union Trust Co.1916 OK 24, 154 P. 676
  3. Landers v. Bank of Commerce of Okmulgee1924 OK 1015, 233 P. 200
  4. Addington v. State ex rel. Pruet1935 OK 477, 44 P.2d 131
  5. Lusk v. Humble Oil & Refining Co.1929 OK 412, 282 P. 311
  6. Durant v. Nesbit1916 OK 512, 157 P. 353

Most recent

  1. Addington v. State ex rel. Pruet1935 OK 477, 44 P.2d 131
  2. Wentz v. Thomas1932 OK 636, 15 P.2d 65 · Concurrence
  3. Lusk v. Humble Oil & Refining Co.1929 OK 412, 282 P. 311
  4. Landers v. Bank of Commerce of Okmulgee1924 OK 1015, 233 P. 200
  5. Durant v. Nesbit1916 OK 512, 157 P. 353
  6. Garland v. Union Trust Co.1916 OK 24, 154 P. 676

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
Sch. Dist. No. 38 v. MacKey, Cnty. Treasurer, 1914 OK 626, 144 P. 1032 13

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