Opinion
No. 25844.
May 21, 1935.
(Syllabus.)
1. Appeal and Error — Review — Failure to Serve Case-Made Within Legal Time.
Where a case-made is not served within 15 days from the date of the rendition of the judgment appealed from or some legal extension thereof, this court acquires no jurisdiction to review the errors complained of arising upon such case-made.
2. Appeal and Error — Time for Appeal not Extended by Filing Unnecessary Motion for New Trial.
An unnecessary motion for new trial and the rulings thereon do not operate to extend the time within which a case-made can be filed in this court; and unless the petition in error and case-made is filed within six months from the date of the judgment rendered, the appeal will be dismissed.
Appeal from District Court, Wagoner County; E.A. Summers, Judge.
Action by Galula Hawkins against M. F. Steil et al. Judgment for defendants, and plaintiff appeals. Dismissed.
F. Scruggs and Malcolm E. Rosser, for plaintiff in error.
Haskell Paul and W.O. Rittenhouse, for defendants in error.
This action was tried upon an agreed statement of facts. After the judgment was entered on December 4, 1933, a motion for new trial was filed by the plaintiff, which was overruled on March 5, 1934. Petition in error with case-made attached was filed September 4, 1934. The case must be dismissed. This court held in Showalter v. Hampton, 122 Okla. 192, 253 P. 105, that where a cause is tried upon an agreed statement of facts no motion for new trial was necessary, and where one was filed and order made overruling the same, such order served no purpose to extend the time past six months from the date of the rendition of judgment in which an appeal could be perfected. To the same effect see St. Louis S. F. Ry. Co. v. Nelson, 40 Okla. 143, 136 P. 590; Durant v. Nesbit, 59 Okla. 11, 157 P. 353; Okmulgee Securities Co. v. Osage Oil Refining Co., 110 Okla. 263, 237 P. 105.
In Okmulgee Securities Co. v. Osage Oil Refining Co., supra, this court held that a case-made not served within 15 days after the rendition of the judgment appealed from or within some valid extension thereof presents nothing to this court for review. The appeal is therefore dismissed.