Lee v. Von Weise, Case Number: 1607
| Court | Supreme Court of Oklahoma |
| Writing for the Court | AMES, C. |
| Citation | 1912 OK 7,121 P. 250,32 Okla. 114 |
| Parties | BALLINGER & LEE et al. v. VON WEISE. |
| Docket Number | Case Number: 1607 |
| Decision Date | 09 January 1912 |
1912 OK 7
121 P. 250
32 Okla. 114
BALLINGER & LEE et al.
v.
VON WEISE.
Case Number: 1607
Supreme Court of Oklahoma
Decided: January 9, 1912
¶0 APPEAL AND ERROR-- Review--Necessity of Case-Made. 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.
AMES, C.
¶1 The motion for new trial in this case was overruled on December 11th, and sixty 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.
¶2 By the Court: It is so ordered.
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