Opinion
No. 25969.
April 9, 1935.
(Syllabus.)
Appeal and Error — Nullity of Case-Made not Served Within Legal Time.
A case-made not served within the 15 days allowed by statute or some legal extension thereof is a nullity, and where the errors complained of can only be reviewed upon such case made, the appeal will be dismissed.
Appeal from Court of Common Pleas, Tulsa County; Leslie Webb, Judge.
Action on a note and to foreclose a mortgage by the Farm Home Savings Loan Association of Missouri against Sadye Michael. Judgment for plaintiff, and defendant appeals. Appeal dismissed.
H.L. Smith, for plaintiff in error.
James W. Cosgrove, for defendant in error.
The appeal was filed herein October 27, 1934. It appears that the case-made was not served on the defendant in error or his counsel until the date fixed in the last order of extension had expired. A motion to dismiss has been filed for that reason, which is not contested. This court has repeatedly held that where plaintiff in error falls to make and serve case-made within the time allowed by statute or within the time extended by a valid order of the court and the errors complained of can only be reviewed upon a case-made, the Same will not be considered by this court, but that the same will be dismissed (St. 1931, section 534 et seq.). Jones v. Manton, 130 Okla. 200, 266 P. 438; Collins-Dietz-Morris Co, v. Wright, 163 Okla. 54, 20 P.2d 574 Saddler v. Chappelle, 163 Okla. 102, 21 P.2d 761.
The appeal is therefore dismissed.