Harrell v. Cole

This matter arises on a motion to dismiss the appeal on the ground that the court has no jurisdiction to hear the appeal for the reason that section 539, O. S. 1931, provides the plaintiff the exclusive remedy under the statutes in a ease where the trial court refuses to grant an application after the original time or some valid order made within the original time has expired in which to make and serve case-made.

It appears that the last order extending the time in which to make and serve case-made in this matter expired on the 28th day of January, 1934. The case-made was served on the 3rd day…