KEEN v. HIATT

KEEN v. HIATT
1915 OK 1063
153 P. 861
54 Okla. 130
Case Number: 6404
Decided: 12/14/1915
Supreme Court of Oklahoma

KEEN
v.
HIATT.

Syllabus

¶0 APPEAL AND ERROR--Case-Made--Making and Serving--Extension-- Filing of Order. The syllabus in Town of Okemah v. Allen, 48 Okla. 757, 150 P. 669, is adopted as the syllabus in this case.

Error from County Court, Roger Mills County; W. H. Mouser, Judge.

Action by R. T. Keen against J. M. Hiatt. From the judgment, Keen brings error. Dismissed.

R. N. Linville, for plaintiff in error
A. A. Brown, E. L. Mitchell, and Perry Madden, for defendant in error

PER CURIAM.

¶1 A motion has been filed to dismiss this appeal, because it does not affirmatively appear from the record that the order extending the time to make and serve a case was filed in the lower court, and the motion is supported by the affidavit of the clerk of the court that such orders were never filed in the trial court. This motion must be sustained on the authority of Town of Okemah v. Allen, 48 Okla. 757, 150 P. 669.

¶2 We therefore recommend that the appeal be dismissed.

¶3 By the Court: It is so ordered.