Legal Opinion

Pope Feed Store v. Lucas

Supreme Court of Oklahoma

Decided September 21, 1915No. 5295Published

Error from County Court, Sequoyah County; J. G. McCombs, Judge. Action by the Pope Feed Store against J. S. Lucas. Judgment for defendant, and plaintiff brings error.

1Opinion of the Court

Opinion by

DUDLEY, C.

The defendant in error has filed a motion to dismiss this proceeding in error for the reason, among others, that the purported case-made was not served within the time fixed by the trial court. An examination of the record discloses a final judgment was rendered on March 20, 1913, and plaintiff given 60 days within which to prepare and serve case-made. The case-made was served on May 20, 1913. The time expired on May 19th. It follows that the case-made was not served within the time. This being true, it is a nullity, and cannot be considered by the court.

* The cause should…

2Cases cited1 opinion

  1. Hughes v. MartinSupreme Court of Oklahoma · 1914

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API