Whitten v. Farm & Home Sav. & Loan Ass'n.

• Decision Date: 13 December 1938
• Docket Number: Case Number: 28861
• Citation: 184 Okla. 132,85 P.2d 759,1938 OK 648
• Parties: WHITTEN et al. v. FARM & HOME SAVINGS & LOAN ASS'N.
• Court: Oklahoma Supreme Court

1938 OK 648

85 P.2d 759

184 Okla. 132

WHITTEN et al. v. FARM & HOME SAVINGS & LOAN ASS'N.

Case Number: 28861

Supreme Court of Oklahoma

Decided: December 13, 1938

Syllabus

¶0 APPEAL AND ERROR--Case-Made a Nullity Where not Made and Served Within Time Allowed.

Where plaintiff in error falls 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 the court for review.

Appeal from District Court, McCurtain County; Geo. R. Childers, Judge.

Action by the Farm & Home Savings & Loan Association of Missouri against M. L. Whitten et ux. for the foreclosure of a mortgage lien. Judgment for plaintiff, and defendants appeal. Dismissed.

Win. A. Tidwell, for plaintiffs in error.

James W. Cosgrove, E. C. Armstrong, and I. C. Sprague, for defendant In error.

PER CURIAM.

¶1 This is an appeal from an order and judgment in favor of the plaintiff. Farm & Home Savings & Loan Association of Missouri, against the defendants, M. L. Whitten and his wife, Viola Whitten. After the order overruling the motion for new trial was entered, the court extended the time to make and serve a case-made 20 days from August 3, 1938, which order expired on the 23rd day of August 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 National Bank, 167 Okla. 638, 31 P.2d 550; Harrell v. Cole, 168 Okla. 423. 33 P.2d 613; Morris Plan of Okla. v. Caudill, 170 Okla. 367, 40 P.2d 650: Hawkins v. Steil, 172 Okla. 301, 45 P.2d 147: Graf Packing Co. v. Palphrey, 179 Okla. 95, 62 P.2d 53.

¶2 The appeal is dismissed.

¶3 OSBORN, C. J., BAYLESS, V. C. J., and WELCH, CORN, and HURST, JJ., concur.