132 P. 497 | Okla. | 1913
The judgment from which this appeal is prosecuted was rendered on the 8th day of July, 1912. The case-made bears an indorsement purporting to show that it was filed in the office of the clerk of the county court on the 9th day of November, 1912; but the case-made was not signed and settled by the trial judge until the 25th day of November, 1912. There has therefore never been any valid filing of the case-made in the office of the clerk of the court; and the case-made is for that reason a nullity.
The statutory time within which to perfect an appeal to this court has expired; and there exists, therefore, no time within which plaintiff in error might withdraw the case-made and perfect same by filing it with the clerk of the trial court; and upon authority of Brooks et al. v. United Mine *195 Workers of America et al.,
All the Justices concur.