City of Cleveland v. Hambright

JACKSON, Justice.

A motion to dismiss has been filed by defendant in error for the reason that the appeal was not filed in this court within the time provided by law.

The appeal was filed more than three months after the order overruling the motion for a new trial.

Under the provisions of 12 O.S.1951 § 972, an appeal by case-made must be filed in the Supreme Court within three months from the rendition of the judgment or final order complained of unless the trial court extends the period of time.

The three months expired March 10, 1957. There was clearly no express extension of time within which…