285 P. 843 | Okla. | 1930
This is an appeal from a judgment rendered on the 16th day of April, 1929, in the district court of Pottawatomie county.
The cause is now before the court on a motion to dismiss the appeal upon the grounds the motion for new trial was not filed within the time allowed by law.
The record discloses the motion for new trial was filed April 22, 1922, which was not within the 3 days as required by section 574, C. O. S. 1921. No excuse is presented why the motion for new trial was not filed within the 3 days after the decision and judgment of the court. This court cannot, therefore, review the alleged errors occurring at the trial of the cause. Southern Mutual Life Ins. Co. v. Williams,
Though the record in this case was properly certified as a transcript, the court does not have jurisdiction to review any of the alleged errors presented in the petition in error, for the reason the motion for new trial, had it been filed in time, is no part of the record that may be presented by transcript and does not extend the time in which to appeal by transcript. The appeal was lodged in this court January 2, 1930, more than six months after the date of the final judgment. Brigham v. Davis,
For the reason herein set forth, the motion to dismiss the appeal is sustained and the appeal is dismissed.
Note. — See under (1) 2 R. C. L. p. 98; R. C. L. Perm. Supp. p. 330. See "Appeal and Error," 3 C. J. § 862, p. 966, n. 36; 4 C. J. § 2034. p. 370, n. 14. "New Trial," 46 C. J. § 262, p. 294, n. 21; p. 295, n. 25.