Opinion
No. 28639.
November 22, 1938.
(Syllabus.)
Appeal and Error — Dismissal of Appeal Where Case-Made Served After Expiration of Time Allowed by Court.
Where a proceeding in error is presented to this court by petition in error with case-made attached, and such errors are presented as can be examined only upon case-made, and such purported case-made is served after the expiration of the last valid order entered by the trial court, and such matter is brought to the attention of this court by proper motion, the appeal will be dismissed.
Appeal from District Court, Caddo County; Will Linn, Judge.
Action in replevin by R.F. Campbell, doing business as R.F. Campbell Finance Company, against W.L. Smith. From a judgment for the plaintiff, defendant appeals. Dismissed.
W.R. Wheeler and Bryan Phillips, for plaintiff in error.
Sam L. Wilhite, for defendant in error.
A motion to dismiss has been filed for the reason that this is an appeal by petition in error with case-made attached and that the case-made was served on February 14, 1938, after the expiration of the time given in the last prior order. It appears from examination of the case-made that the time for service of case-made expired on February 12, 1938. The errors presented can only be reviewed by case-made. The motion to dismiss must be sustained. French v. Bowles, 128 Okla. 90, 261 P. 196; McGrew v. Land, 154 Okla. 273, 7 P.2d 676; Harrell v. Cole, 168 Okla. 423, 33 P.2d 613; Morris Plan Co. of Okla. City, Inc., v. Caudill, 170 Okla. 367, 40 P.2d 650.
The appeal is dismissed.
OSBORN, C. J., and CORN, GIBSON, HURST, and DAVISON, JJ., concur.