Jones v. Blanton, Case Number: 19158
| Court | Supreme Court of Oklahoma |
| Writing for the Court | PER CURIAM. |
| Citation | 1928 OK 244,130 Okla. 200,266 P. 438 |
| Decision Date | 10 April 1928 |
| Docket Number | Case Number: 19158 |
| Parties | JONES v. BLANTON. |
1928 OK 244
266 P. 438
130 Okla. 200
JONES
v.
BLANTON.
Case Number: 19158
Supreme Court of Oklahoma
Decided: April 10, 1928
¶0 1. Appeal and Error--Case-Made a Nullity Where not Made and Served Within Time Allowed.
Where plaintiff in error fails to make and serve case-made within the time allowed by statute or within the time as extended by the court, the same is a nullity and brings nothing before this court for review.
2. Same--Dismissal of Appeal Where Petition in Error not Filed Within Six Months.
Where petition in error is not filed in this court until after the expiration of six months from the date of the final judgment or order complained of, this court has no jurisdiction over the subject-matter and the appeal will be dismissed.
N.E. Ticer, for plaintiff in error.
Davis & McCade, for defendant in error.
PER CURIAM.
¶1 This cause comes from the county court of Carter county. The defendant in error has filed herein her motion to dismiss the appeal for the reason the case-made was not served on her within the time required by law or by order of the trial court, and urges that the motion for new trial was overruled on the 19th day of August, 1927, at which time, and subsequent thereto, extensions of time in which to make and serve case-made were allowed to a total of 167 days, making the time in which to serve case-made expire on February 2, 1928. The case-made was not served until February 6, 1928, four days after the time therefor had expired.
¶2 The plaintiff in error has responded to the motion to dismiss, and claims the motion for new trial was not in fact overruled until October 14, 1927. The record in this case discloses that the judgment was rendered on August 11, 1927. On August 13, 1927, plaintiff in error filed his motion for new trial, which was overruled, as shown by the order of the court incorporated in the record, on August 19, 1927. We find August 19, 1927, the correct date upon which the motion for new trial was overruled, and for that reason, and for the further reason that on that date the plaintiff in error filed in the trial court his supersedeas bond and obtained 60 days in which to make and serve case-made, as shown by the order overruling the motion for new trial, and which time would expire on October 18, 1927. On October 17, 1927, he...
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Pure Oil Co. v. Quarles, Case Number: 27659
...the same presents nothing to this court for review except errors appearing upon the record as a certified transcript. Jones v. Blanton, 130 Okla. 200, 266 P. 438. ¶7 It is urged that there are certain errors appearing upon the face of the record proper, duly assigned in the petition in erro......
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Whitten v. Farm & Home Sav. & Loan Ass'n., Case Number: 28861
...thereafter. It was not until the 25th day of August, 1938, that the case-made was served. The appeal must be dismissed. Jones v. Blanton, 130 Okla. 200, 266 P. 438; Michael v. Farm & Home Savings & Loan Ass'n of Missouri, 171 Okla. 391, 43 P.2d 76; United Mining & Milling Co. v. First Natio......
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Chase v. State, Case Number: 20200
...review. Petty et al. v. Foster et al., supra; Shinn v. Oklahoma City Building & Loan Ass'n, 130 Okla. 173, 266 P. 435; Jones v. Blanton. 130 Okla. 200, 266 P. 438. ¶4 The case-made, not being served until the 14th day of December, 1928, was not served within the time allowed by law or a val......
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Tulsa Indus. Loan & Inv. Co. v. Bankers Utilities Co., Case Number: 20390
...court for review. Goodwin v. Davis, supra; Shinn v. Oklahoma City Building & Loan Ass'n, 130 Okla. 173, 266 P. 435; Jones v. Blanton, 130 Okla. 200, 266 P. 438; Petty v. Foster, supra. ¶5 The case-made, not having been served within the time allowed by law or within the time extended by val......
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Pure Oil Co. v. Quarles, Case Number: 27659
...the same presents nothing to this court for review except errors appearing upon the record as a certified transcript. Jones v. Blanton, 130 Okla. 200, 266 P. 438. ¶7 It is urged that there are certain errors appearing upon the face of the record proper, duly assigned in the petition in erro......
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Whitten v. Farm & Home Sav. & Loan Ass'n., Case Number: 28861
...thereafter. It was not until the 25th day of August, 1938, that the case-made was served. The appeal must be dismissed. Jones v. Blanton, 130 Okla. 200, 266 P. 438; Michael v. Farm & Home Savings & Loan Ass'n of Missouri, 171 Okla. 391, 43 P.2d 76; United Mining & Milling Co. v. First Natio......
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Chase v. State, Case Number: 20200
...review. Petty et al. v. Foster et al., supra; Shinn v. Oklahoma City Building & Loan Ass'n, 130 Okla. 173, 266 P. 435; Jones v. Blanton. 130 Okla. 200, 266 P. 438. ¶4 The case-made, not being served until the 14th day of December, 1928, was not served within the time allowed by law or a val......
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Tulsa Indus. Loan & Inv. Co. v. Bankers Utilities Co., Case Number: 20390
...court for review. Goodwin v. Davis, supra; Shinn v. Oklahoma City Building & Loan Ass'n, 130 Okla. 173, 266 P. 435; Jones v. Blanton, 130 Okla. 200, 266 P. 438; Petty v. Foster, supra. ¶5 The case-made, not having been served within the time allowed by law or within the time extended by val......