Nelson v. Pittsburg Mortgage Investment Co.
Supreme Court of Oklahoma
Error from District Court, Ellis County; G. A. Brown, Judge. Action between H. P. Nelson and the Pittsburg Mortgage Investment Company. From the judgment, Nelson brings error.
1Opinion of the CourtKane, C. J.
This cause comes on to be heard upon the motion to dismiss upon the ground, among others, that “the order extending time to make, serve, and file a case-made was not itself filed in the district court until after the time therein granted and extended had expired; and the same was not a part of the case-made when served.” This ground is sufficient. In the case of Springfield F. & M. Ins. Co. v. Gish, Brook & Co., 23 Okla. 824, 102 Pac. 708, which was followed in Ellis et al. v. Carr, 25 Okla. 874, 108 Pac. 1101, it was held:
“Section 533 (section 4731) of the Code requires that all orders made…
2Cases cited2 opinions
- Springfield Fire & Marine Ins. v. Gish, Brook & Co.Supreme Court of Oklahoma · 1909
- Ellis v. CarrSupreme Court of Oklahoma · 1910
3Cited by6 opinions
- Morris v. CaulkSupreme Court of Oklahoma · 1914
- Midland Savings & Loan Co. v. MillerSupreme Court of Oklahoma · 1916
- State v. CoyleCourt of Criminal Appeals of Oklahoma · 1915
- St. Louis, I. M. & S. Ry. Co. v. FarleySupreme Court of Oklahoma · 1916
- American Nat. Bank of Wetumika v. Hale-Halsell Co.Supreme Court of Oklahoma · 1935
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