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School District No. 89 v. Cox.

Supreme Court of Oklahoma
Nov 16, 1910
27 Okla. 459 (Okla. 1910)

Opinion

No. 1924

Opinion Filed November 16, 1910.

APPEAL AND ERROR — Case-Made — Expiration of Time. A party desiring to appeal has three days by statute in which to serve the case-made after the judgment or order appealed from is entered, and unless such case-made is served within that time, or within an extension of time allowed by the judge or court within said time, the case will not be considered in this court.

(Syllabus by the Court.)

Error from Stephens County Court; W. H. Admire, Judge.

Action between J. D. Cox and School District No. 89, Stevens County. Appeal by the school district dismissed.

Amil H. Japp, for plaintiff in error.

W. H. Sitton, for defendant in error.


This case presents error from the county court of Stephens county. August 20, 1909, there was made and entered an order denying motion of plaintiff in error for new trial, and an order made, which was subsequently extended, providing for making and serving a case-made within forty-five days. The case-made was not served until October 11, 1909, which was a time subsequent to the expiration of the time allowed. Counsel for defendant in error have filed a motion to dismiss the petition in error for this reason, which, under the uniform holdings of this court, must be sustained. See case of Carr v. Thompson et al. (ante) 108 P. 1101, and authorities therein cited, and case of McCoy v. McCoy et al., ( ante), delivered at this term of court.

The cause is accordingly dismissed.

All the Justices concur.


Summaries of

School District No. 89 v. Cox.

Supreme Court of Oklahoma
Nov 16, 1910
27 Okla. 459 (Okla. 1910)
Case details for

School District No. 89 v. Cox.

Case Details

Full title:SCHOOL DISTRICT NO. 89, STEPHENS COUNTY, v. COX

Court:Supreme Court of Oklahoma

Date published: Nov 16, 1910

Citations

27 Okla. 459 (Okla. 1910)
112 P. 1041

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