Kinney v. McPherren
Supreme Court of Oklahoma
Error from County Court, Bryan County; J. E. Rappollee, Judge. Action by Ward Kinney against Chas. E. MePherren. Judgment for defendant, and plaintiff brings error.
1Opinion of the Court
Opinion bj*-
SHARP, C.
The record in -this case shows that judgment was rendered July 5, 1911, and a motion for new trial filed the following day. The motion for a new trial was overruled July 25, 1911, at which time an order was made by the court granting plaintiff “60 days in which to make and file a case-made.” The case-made was served upon counsel for defendant in error September 25, 1911.
It will be observed that the order granting an extension of 60 days did not expressly extend the time to “serve” the case-made, but only to “make and file.” We think, however', that the plain intention of…
2Cases cited7 opinions
- Carr v. ThompsonSupreme Court of Oklahoma · 1910
- First Nat. Bank of Shawnee v. Oklahoma Nat. Bank of ShawneeSupreme Court of Oklahoma · 1911
- Lathim v. SchlackSupreme Court of Oklahoma · 1910
- Butler v. ScottSupreme Court of Kansas · 1904
- Chicago, Burlington & Quincy Railroad v. GuildSupreme Court of Kansas · 1899
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3Cited by2 opinions
- Haines v. CasaverSupreme Court of Oklahoma · 1915
- Linebery v. BairdSupreme Court of Oklahoma · 1915