Ballinger & Lee v. Von Weise

• Decision Date: 09 January 1912
• Citation: 121 P. 250,32 Okla. 114,1912 OK 7
• Parties: BALLINGER & LEE et al. v. VON WEISE.
• Court: Oklahoma Supreme Court

121 P. 250

32 Okla. 114, 1912 OK 7

BALLINGER & LEE et al. v. VON WEISE.

Supreme Court of Oklahoma

January 9, 1912

Syllabus by the Court.

Errors not arising on the record proper cannot be considered in this court, unless the proceedings are brought to this court by a case-made, served within the time allowed by law, or fixed by the order of the court.

Commissioners' Opinion, Division No. 1. Error from Carter County Court; I. R. Mason, Judge.

Action by Charles Von Weise against Ballinger & Lee, to recover damages on account of breach of contract. Judgment for plaintiff, and defendants bring error. Affirmed.

AMES, C.

The motion for new trial in this case was overruled on December 11th, and 60 days were allowed within which to serve the case-made. The case-made was served on February 11th. No extension of time was procured, and therefore the case was not served within the time fixed by the court. We cannot therefore consider errors not appearing on the record proper, and, as none of the errors assigned arise on the record proper, the case should be affirmed.

PER CURIAM.

Adopted in whole.