Legal Opinion

Small v. Rice

Supreme Court of Oklahoma

Decided June 14, 1921No. 10023PublishedCited by 10 opinions

Error from District Court, Tulsa County; Con Linn, Judge. Action by A. A. Small against Benjamin E. Bice and Thomas D. Lyons. Judgment for defendants, and plaintiff brings error.

1Opinion of the CourtKane, J.

This cause comes on to be heard upon a motion to dismiss the appeal filed by the defendants in error upon the ground that the case-made was not served within the time granted by the trial court. The motion must be sustained.

The record shows that the judgment appealed from was rendered in favor of the defendants upon the opening statement of counsel for the plaintiff, and that notice of appeal was immediately given and 60 days granted to make and serve case-made. Thereafter, the plaintiff filed a motion for a new trial, which was subsequently overruled, the trial court also granting 60 days to…

2Cases cited1 opinion

  1. Clapper v. Putnam Co.Supreme Court of Oklahoma · 1916

3Cited by10 opinions

  1. Landers v. Bank of Commerce of OkmulgeeSupreme Court of Oklahoma · 1924
  2. Baxter v. NixSupreme Court of Oklahoma · 1936
  3. Miller v. A. & B. Furn. Co.Supreme Court of Oklahoma · 1935
  4. Dickson v. Minneapolis Threshing Machine Co.Supreme Court of Oklahoma · 1935
  5. Merry v. Industrial Bldg. & Loan Ass'nSupreme Court of Oklahoma · 1929

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