Opinion
No. 5295
Opinion Filed September 21, 1915.
APPEAL AND ERROR — Case-Made — Service — Time. A case-made not served within the time fixed by an order of court is a nullity, and cannot be considered by the Supreme Court on appeal.
(Syllabus by Dudley, C.)
Error from County Court, Sequoyah County; J.G. McCombs, Judge.
Action by the Pope Feed Store against J.S. Lucas. Judgment for defendant, and plaintiff brings error. Dismissed.
J.H. Jarman, for plaintiff in error.
Frye Frye, for defendant in error.
The defendant in error has filed a motion to dismiss this proceeding in error for the reason, among others, that the purported case-made was not served within the time fixed by the trial court. An examination of the record discloses a final judgment was rendered on March 20, 1913, and plaintiff given 60 days within which to prepare and serve case-made. The case-made was served on May 20, 1913. The time expired on May 19th. It follows that the case-made was not served within the time. This being true, it is a nullity, and cannot be considered by the court.
The cause should therefore be dismissed. Hughes v. Martin, 43 Okla. 710, 144 P. 356.
By the Court: It is so ordered.