266 P. 435 | Okla. | 1928
Judgment was rendered in the above-entitled cause against the plaintiffs in error, who were defendants below, on the 16th day of March, 1927. Thereafter, on the 19th day of March, 1927, the defendants filed their motion for a new trial. The appeal is by petition in error with case-made attached. The case-made filed in this court does not contain an order of the trial court overruling the motion for new trial, the only showing made that the motion for new trial was in fact overruled is by mere recital in the case-made to that effect.
This court has held that where the record does not contain an order of the court overruling the motion for new trial, a mere recital in the case-made that the motion was in fact overruled and exceptions allowed is insufficient to bring the alleged errors before this court for review, and in the absence of such an order there is nothing properly before the court. Lillard v. Meisberger,
Another reason assigned in the motion to dismiss the appeal in this case is that the case-made was served after the time allowed by law or any valid order of the court had expired, and the case-made therefore is a nullity. An order was made by the trial court on the 31st day of March, 1927, extending the time in which to make and serve case-made for a period of 60 days, which extended the time in which to make and serve case-made to June 14, 1927. On May 26, 1927, an order was made extending the time before granted 60 days; this order expired on August 13, 1927; on July 21, 1927, a further extension of 30 days was allowed by the trial court; this order expired on September 12, 1927, and on August 26, 1927, the court granted a further extension of time of 23 days in which to make and serve case-made. This order extended the time beyond the six months' time allowed by law in which to perfect this appeal, which expired on September 30, 1927, and for that reason this order is void. State Exchange Bank v. National Bank of Commerce,
The purported record filed in this appeal is not certified by the clerk of the trial court as a transcript, and therefore cannot be considered as such. Dickerson v. Botchleott,