Legal Opinion

Cunyan v. Clemmer

Supreme Court of Oklahoma

Decided September 11, 1912No. 3838PublishedCited by 2 opinions

Error from District Court, Kay County; W. M. Bowles, Judge. Action between Mike Cunyan and John Clemmer. From the judgment, Cunyan brings error.

1Opinion of the CourtHayes, J.

This appeal is prosecuted upon petition in error and case-made. On the 28th day of August, 1911, within an extension of time theretofore granted in which to serve a case-made, plaintiff in error was granted by the trial judge, as a further extension of time within which to serve his case, a period of ten days from that date. The case-made was not served until September 8th, which was one day after the expiration of the extended period, and the case-made is therefore void, and the appeal must be dismissed. Cowan v. Maxwell, 27 Okla. 87, 111 Pac. 388; London & Lancashire Fire Ins. Co. v.…

2Cases cited3 opinions

  1. Bettis v. CargileSupreme Court of Oklahoma · 1909
  2. Cowan v. MaxwellSupreme Court of Oklahoma · 1910
  3. London Lancashire Fire Ins. Co. v. CummingsSupreme Court of Oklahoma · 1909

3Cited by2 opinions

  1. Kinney v. McPherrenSupreme Court of Oklahoma · 1914
  2. Edson v. HerodSupreme Court of Oklahoma · 1912

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