Legal Opinion

Day v. Hartness

Supreme Court of Oklahoma

Decided February 7, 1922No. 12296PublishedCited by 1 opinion

Error from District Court, Osage County; Chas. B. Wilson, Jr., Judge. Action by Elijah Hartness against Boyce E. Day and others. Judgment for plaintiff, and defendant Boyce E. Day, administrator of the estate of John A. Day, brings error.

1Opinion of the CourtNicholson, J.

This cause comes on for hearing on the motion of the defendants in error to dismiss the appeal for several reasons, but only one ground for dismissal is. argued and that is that the ease-made was not served upon defendants in error, or either of them, within the time allowed by order of the trial court.

It appears that on January 18, 1921, the court made an order extending the time up to and including the 30th day of January, 1921, within which the plaintiff in error should make and serve a case-made upon the defendants in error, and that the ease-made was not served until January 31, 1921.…

2Cases cited2 opinions

  1. Zelig v. Blue Point Oyster, Co.Oregon Supreme Court · 1911
  2. Buck's Stove & Range Co. v. DavidsonSupreme Court of Kansas · 1905

3Cited by1 opinion

  1. Long v. BrownSupreme Court of Oklahoma · 1939

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