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King v. Pool

King v. Pool, 1915 OK 1103, 153 P. 860
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Court
Supreme Court of Oklahoma · State Highest Courts
Decided
December 21, 1915
Docket
No. 7665
Judges
PER CURIAM.
Citations
153 P. 8601915 OK 110349 Okla. 5731915 Okla. LEXIS 87
Disposition
Dismissed.
Syllabus
APPEAL AND ERROR — Dismissal—Case-Made. Where plaintiff in error fails to make and serve bis case-made within the time allowed by statute, or within the time as extended by the court before the expiration of the statutory period, the same is a nullity, and, on motion, the appeal will be dismissed. (Syllabus by the Court.)
Summary
Error from District Court, Okfuskee County. Geo. C. Crump, Judge. . Action between Annie King and J. W. Pool. From the judgment, Annie King 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 — Per Curiam

PER CURIAM.

The order overruling the motion for a new trial in this cause was made and entered on March 29, 1915. The record before us fails to disclose that an extension of the time for serving case-made was made by the trial court until May 26, 1915. As the case-made was not served within the time allowed by statute (Rev. Laws 1910, sec. 5242), nor did the trial court attempt to extend the time for such service before the expiration of the statutory period, nor is the record certified as a transcript, it follows that the motion to dismiss the appeal must be sustained.

It is so ordered.

How later courts describe this case

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

1920: 11921: 119202026peak 1920 · 1

Relies on it most ⓘ

  1. Durant v. Stanfield1920 OK 19, 186 P. 941
  2. Harrison v. Reed1921 OK 67, 197 P. 159

Most recent

  1. Harrison v. Reed1921 OK 67, 197 P. 159
  2. Durant v. Stanfield1920 OK 19, 186 P. 941

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.

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