Roberts v. Seals

Defendant in error secured judgment against plaintiffs in error in the district court of Nowata county on September 27, 1912. Thereafter motion for new trial was filed, and on November 15, 1912, motion to strike the motion for new trial from the files was filed, alleging that said motion for new trial was not filed until October 12, 1912, and that:

“No proper showing was made which would entitle defendant to file said motion for new trial after the expiration of three days from the date the decision was rendered, to wit: September 27, 1912, and that the court was without authority of law and…