Opinion
No. 17262
Opinion Filed July 13, 1926.
(Syllabus.)
Appeal and Error — Service of Case-Made After Time a Nullity.
A case-made served after the expiration of the time for service is a nullity and confers no jurisdiction on the Supreme Court to review the appeal.
Error from District Court, Osage County; Jesse J. Worten, Judge.
Action between Charles Drum and Ethel Drum. Judgment for the latter and the former appeals. Appeal dismissed.
Hargis Yarbrough and C. L. Williams, for plaintiff in error.
G. B. Sturgell, S. T. Carman, Lydick McPherren, and M. E. Jordan, for defendant in error.
This is a divorce action. Defendant in error was decreed a divorce by the district court of Osage county on the 21st day of November, 1925. On the 24th day of November, 1925, plaintiff in error filed a motion for a new trial, and also filed notice of intention to appeal, as provided in divorce actions. On the 7th day of December, 1925, motion for a new trial was overruled and plaintiff in error gave notice of appeal and was given 60 days in which to serve case-made, which expired on the 5th day of February, 1926. Case-made was served on the 5th day of March, 1926, one month after the time for service had expired. A case-made served after the expiration of the time for service is a nullity and confers no jurisdiction on the Supreme Court to review the appeal. The appeal is dismissed.