Franklin v. Smith

On the 22nd day of April, 1922, motion for a new trial was overruled, and plaintiffs in error appealed.

After various orders extending the time in which to serve case-made, a final and last order of extension was made by the trial judge on the 25th day of September, 1922, extending the time to October 15, 1922. On the 17th day of October, 1922, case-made was served, which was two days after the time had expired in which service could be made.

In the case of Harrison v. Reed.et al.. 81 Okla. 149, 197 P'ac. .159,'this court stated in syllabus, paragraph 2, as follows:

“Where plaintiff in error…