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80 Okla. 21

193 P 735

Whitaker v. Wilkinson

Supreme Court of Oklahoma

Decided November 16, 1920

Supreme Court of Oklahoma · decided 1920-11-16

<p>Error from District Court, Creek County; Mark L. Bozarth, Judge.</p> <p>Action between Charles Whitaker and A. O. Wilkinson. From the judgment, the former brings error.</p>

Relies on Bray v. Bray · Walker v. Reginald

Appeal dismissed · Decided 1920-11-16

JOHNSON, J.

¶1 Motion is made to dismiss because the case-made was not served on the .defendant in error within the time extended by the court for service and settlement of the case-made. It appears that the time granted for making and serving case-made expired on July 5, 1920. On the following day, July 6, 1920, the court attempted to grant an additional 60' days’ time. This it was without jurisdiction to do.

¶2 vfhen the time fixed for making and six'-.', ing a case-made is allowed to elapse, an order subsequently made by the trial court extending the time for making and serving case-made is void, and the case-made served by virtue of such order of extension is a nullity and confers no jurisdiction upon this court. Walker v. Reginald, 51 Okla. 10, 151 Pac. 680; Bray v. Bray, 25 Okla. 71, 105 Pac. 200, and cases cited therein.

¶3 The motion to dismiss' is therefore sustained.

All the Justices concur.
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