James v. Atlas Fishing Tools, Inc.

WELCH, Justice.

This is an appeal from an order denying a petition for a new trial in the district court of Osage County, Oklahoma. The sole question presented for determination in the trial court was whether, without *215fault of the plaintiff-in-error, it became impossible to prepare and serve a case-made within the time prescribed by law. The question presented here" is whether the trial court abused its discretion in denying the petition for new trial.

Inasmuch as the parties occupied reverse positions in the trial court plaintiff-in-error will be henceforth referred to herein as defendant.

A…