8 P.2d 23 | Okla. | 1932
This is an appeal from a judgment of the district court of Oklahoma county in favor of the defendant in error, the plaintiff in the trial court, against the plaintiffs in error, the defendants in the trial court.
The judgment was rendered on December 21, 1928. On December 24, 1928, a motion for new trial was filed in the cause. On January 22, 1929, the motion for new trial was overruled. Orders extending the time to make and serve a case-made were entered from time to time and on July 15, 1929, within the time as extended by those orders, the trial court made another order extending the time to make and serve the case-made "to and including July 18, 1929; the plaintiff is allowed three (3) days after service of such case-made upon her within which to suggest amendments thereto, the same to be settled and signed on three (3) days' written notice by either party to the other." Under the provisions of that order the defendants had all of the 18th day of July, 1929, in which to serve the case-made. They served it on the 18th day of July, 1929. Under the provisions of that order the plaintiff had three days after service of the case-made in which to suggest amendments thereto, and under the provisions of section 785, C. O. S. 1921, as construed by this court in City of Enid v. McCann,
It is evident that the case-made was settled and signed and filed in this court before the expiration of the time allowed by law for the plaintiff to suggest amendments thereto. The plaintiff did not waive that right. Under the authority of Wilson v. Branigan,
The case-made, though certified as a transcript, cannot be considered as a transcript, for it was not certified until after the expiration of six months from the date of the rendition of the judgment. The motion for new trial and the order made thereon constitute no part of the judgment roll and cannot be brought to this court by transcript. Richardson v. Beidleman,
The appeal is dismissed.
LESTER, C. J., CLARK, V. C. J., and RILEY, HEFNER, SWINDALL, McNEILL, and KORNEGAY, JJ., concur. CULLISON, J., absent.
Note: See under (1) 2 R. C. J. 159.