¶1(dissenting).
¶2I do not concur in the majority’s opinion on the merits of this case because this court does not have jurisdiction to so determine it. The record shows the case-made was settled on December 16, 1958, but it and the petition in error were not *295filed in this court until January 6, 1959. Under Tit. 12 O.S.1955 and 1957 Supp. Sec. 972, all proceedings by case-made for reversing, vacating or modifying judgments or final orders must be commenced within 20 days from the date the case-made is settled. Therefore, this court is without jurisdiction to perform any function in this appeal other than to dismiss it. See Video Independent Theatres, Inc. v. Walker, Okl., 308 P.2d 958, and others. I therefore respectfully dissent.
¶3I am authorized to announce that WILLIAMS, V. C. J., concurs in my dissenting views.