136 P. 591 | Okla. | 1913
This case was tried upon an agreed statement of facts, judgment was entered on August 19, 1911, motion for new trial was filed on August 22, 1911, and on September 2, 1911, the motion for new trial was overruled and an order entered purporting to extend the time in which case for this court might be made and served to September 7, 1911. On September 6, 1911, case-made was served, settled, and signed; and the jurisdiction of this court depends upon whether this order of September 2, 1911, was within the three days specifically allowed by statute (section 4444, St. Okla. 1893, now changed by section 5242, Rev. Laws 1910, to 15 days) within which a case might be made and served; and this question, in turn, depends upon whether the appeal should have been from the judgment or from the order overruling the motion for new trial, which, in turn, depends upon whether a motion for new trial is authorized by the statute when all questions of fact have been eliminated by agreed statement of facts
These questions seem to be definitely settled by the decisions of this court; and it thus appears: (1) That a motion for new trial is unauthorized in such cases, and the appeal should have been from the judgment (Board of CountyCommissioners of Garfield County v. Porter et al.,
The appeal should be dismissed.
By the Court: It is so ordered. *730