Holiby v. Poteet

3 Citing cases

  1. MEEK v. WILLIAMS

    1968 OK 74 (Okla. 1968)   Cited 1 times

    "The instrument is not a case-made, in that the signature and certificate of the trial judge thereto affixed was not and is not attested by the court clerk, as required by section 785, C.O.S. 1921, as construed by this court in Hillery v. Cox, 125 Okla. 124, 256 P. 915, and an unbroken line of decisions. * * *" See also Holiby v. Poteet, 142 Okla. 250, 286 P. 782. I believe that the statutory provisions and these authorities lead to only one conclusion, that the clerk's attestation pursuant to the court's direction is a part of the settling of the case made.

  2. Harjo v. Johnston

    19 P.2d 961 (Okla. 1933)   Cited 6 times

    A case-made not served within the court is a nullity. Petty v. Poster, 122 Okla. 152, 252 P. 836; Lambert. v. Monarch Cement Co., 141 Okla. 31, 285 P. 844; Holiday v. Poteet, 142 Okla. 250, 286 P. 782; Massad v. Heide, 161 Okla. 68, 17 P.2d 417, and cases cited therein. Counsel for plaintiff in error urges that it was necessary to file a motion for new trial.

  3. Wilson v. Hartin

    8 P.2d 1104 (Okla. 1932)

    This was a total of 150 days from April 11th and the time for service of case-made expired on September 8, 1931, but the case-made was not served until September 10th, two days after the expiration of the time in which to serve. Where a case-made is not served within the time prescribed by law or a valid order of the trial court, such case-made is a nullity and brings nothing before this court for review. Holiby v. Poteet, 142 Okla. 250, 286 P. 782; Lambert v. Monarch Cement Co., 141 Okla. 31, 285 P. 44. For the reasons stated and under the authorities cited, the appeal is dismissed.