Phillips v. Dillingham
Supreme Court of Oklahoma
Error from County Court, Bryan County; Action by W. H. Phillips, administrator of. the estate of T. J. Patillo, against E. L. Dillingham, administrator of the estate of N. T. Dillingham, deceased, and others. Judgment for defendants, and plaintiff brings error.
1Opinion of the Court
Opinion by
SHARP, C.
The judgment in this case was rendered February 22, 1911, and motion for new trial filed February 24th following. This motion was heard March 29th, and, being overruled, it was by the court ordered that the plaintiff have 90 days to serve case-made, etc: From the record before us, it does not appear that the case-made was ever served on opposing counsel.
The case-made, not having been served within the time fixed by statute, or within the 90-day extension granted by the court, is invalid, and cannot be considered on appeal. Devault et al. v. Merchants’ Exchange Co., 22 Okla.…
2Cases cited14 opinions
- Devault v. Merchants' Exch. Co.Supreme Court of Oklahoma · 1908
- Moore v. Howard Mercantile Co.Supreme Court of Oklahoma · 1914
- Malloy v. JohnsonSupreme Court of Oklahoma · 1914
- Sumner v. SherwoodSupreme Court of Oklahoma · 1909
- State Savings Bank of Manchester, Iowa v. BeddenSupreme Court of Oklahoma · 1913
9 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Wells v. ShriverSupreme Court of Oklahoma · 1921
- Howard v. ArkansawSupreme Court of Oklahoma · 1916
- Dill v. FlesherSupreme Court of Oklahoma · 1916
- Drake v. RubleSupreme Court of Oklahoma · 1918
- Delay v. StateCourt of Criminal Appeals of Oklahoma · 1929
1 more not listed; retrieve them via the Exa API.