Opinion
No. 26833.
March 17, 1936. Rehearing Denied April 21, 1936.
(Syllabus.)
Appeal and Error — Time for Appeal not Extended by Filing Unnecessary Motion for New Trial Where Judgment Was Upon Pleadings and Opening Statement.
Where judgment is rendered upon the pleadings and opening statement of counsel, the filing and determination of a motion for new trial does not serve to extend the time in which the appeal may be filed in the Supreme Court, and where such appeal is not perfected within six months from the date of the judgment, the cause will be dismissed.
Appeal from District Court, Craig County; E.A. Summers, Judge.
Action in forcible entry and detainer by E.B. Baxter against Tom Nix. From a judgment for the defendant, plaintiff appeals. Dismissed.
Theo. D.B. Frear, for plaintiff in error.
L.L. Roberts, for defendant in error.
Judgment was rendered on the 23rd day of October, 1933, upon the pleadings and opening statement of counsel. On June 27, 1935, there was an order overruling the motion for new trial. Under many opinions of this court such orders serve no purpose to extend the time past the six months from the date of the rendition of the judgment in which to perfect an appeal. Miller v. A. B. Furniture Co., 173 Okla. 319, 48 P.2d 1032; Small v. Rice, 82 Okla. 158, 198 P. 998; Forrest E. Gilmore Co. v. James, 156 Okla. 216, 10 P.2d 392; Adams v. Daniels, 176 Okla. 142, 54 P.2d 607; Pound v. Campbell, 174 Okla. 331, 49 P.2d 1088.
The appeal is therefore dismissed.
McNEILL, C. J., OSBORN, V. C. J., and BUSBY, PHELPS, CORN, and GIBSON, JJ., concur. RILEY, BAYLESS, and WELCH, JJ., absent.