Noyes v. Tootle
Supreme Court of Oklahoma
■Error from the District Court of Kay County; before A. C. C. Bierer, District Judge. C. W. Noyes and others, interpleaders, bring error from a judgment in favor of Kate Tootle and others. STATEMENT OP THE CASE. This case is presented upon a motion to dismiss the ■petition in error for the reason that there is no case-made, duly served, signed, and settled, attached thereto.
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■Error from the District Court of Kay County; before A. C. C. Bierer, District Judge. C. W. Noyes and others, interpleaders, bring error from a judgment in favor of Kate Tootle and others. STATEMENT OP THE CASE. This case is presented upon a motion to dismiss the ■petition in error for the reason that there is no case-made, duly served, signed, and settled, attached thereto. The judgment complained of was entered in the court below on the 30th day of August, 1897, and the interpleaders, who are ¡the plaintiff® in error here, were given 90 days from that date in which to make and serve a…
1Opinion of the Court
■Opinion of the court by
McAtee, J.:
It has been repeatedly held by this court that the district court or judge ha® no power to extend the time for making a case after the time fixed by the statute, or the time fixed by the order of the district court or judge for extension of time for making a case-made, has elapsed; and, the extensions of time granted by ■the district court or judge thereof having once expired, the district court 'or judge has no power to extend the time for serving a case-made, and such an order, if made, is void. (Abel v. Blair, 3 Okla. 399, 41 Pac. 342; U. S. v. Choctaw,…
2Cases cited9 opinions
- Mastin v. GraySupreme Court of Kansas · 1878
- United States, Ex Rel. v. C., O. G. R. R. Co.Supreme Court of Oklahoma · 1895
- Abel v. BlairSupreme Court of Oklahoma · 1895
- Reynolds v. FlemingSupreme Court of Kansas · 1883
- Ryland v. CoyleSupreme Court of Oklahoma · 1898
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- London Lancashire Fire Ins. Co. v. CummingsSupreme Court of Oklahoma · 1909
- Bray v. BraySupreme Court of Oklahoma · 1909
- Oklahoma Fire Ins. Co. v. KimpelSupreme Court of Oklahoma · 1913