Hawkins v. Steil

This action was tried upon an agreed statement of facts. After the judgment was entered on December 4, 1933, a motion for new trial was filed by the plaintiff, which was overruled off'March 5, 1934. Petition in error with ease-made attached was filed September 4, 1934. The case must be dismissed. This court held in Showalter v. Hampton, 122 Okla. 192, 253 P. 105, that where a cause is tried upon an agreed statement of facts no motion for new trial was necessary, and where one was filed and order made overruling the same, such order served no purpose to extend the time past six months from the…