Opinion
No. 28120.
June 7, 1938.
(Syllabus.) Appeal and Error — Dismissal Where Case-Made not Served Within Legal Time.
A case-made which is not served within 15 days after the judgment or final order of the court from which the appeal is prosecuted or some legal extension thereof serves no purpose to present error to this court, and an appeal predicated thereon will be dismissed.
Appeal from District Court, Pushmataha County; Geo. R. Childers, Judge.
Action on contract by S.L. Thomas against the Martin Lumber Company. From a judgment for the plaintiff, defendant appeals. Dismissed.
Logan E. Hysmith and Jack Bradley, for plaintiff in error.
F.L. Welch, for defendant in error.
On May 4, 1937, the court granted 60 days to make and serve case-made. No other valid order of extension was entered. The case-made was served on August 31, 1937. A motion to dismiss has been filed, and no response thereto is made. The appeal must be dismissed. Parry v. Hoblit, 35 Okla. 362, 129 P. 693; Blanchard v. United States, 6 Okla. 587, 52 P. 736; Byrd v. Harrison, 45 Okla. 142, 145 P. 318; Graf Packing Co. v. Palphrey, 178 Okla. 95, 62 P.2d 53; Hawkins v. Steil, 172 Okla. 301, 45 P.2d 147.
The appeal is dismissed.
RILEY, PHELPS, CORN, GIBSON, and HURST JJ., concur.