LAMBERT v. MONARCH CEMENT CO.

LAMBERT v. MONARCH CEMENT CO.
1929 OK 513
285 P. 844
141 Okla. 31
Case Number: 20738
Decided: 11/26/1929
Supreme Court of Oklahoma

LAMBERT
v.
MONARCH CEMENT CO.

Syllabus

¶0 1. Appeal and Error--Time for Perfecting Appeal not Extended by Filing Unnecessary Motion for New Trial.
Filing and determination of a motion for new trial of a contested question of fact, not arising on the pleadings, but upon objection to the confirmation of the sale of real estate and upon motion to confirm the sale, is unnecessary to authorize this court to review the order made on such hearing and the filing of such unauthorized motion for new trial in such proceedings does not extend the time in which to make and serve a case-made, nor does it extend the time in which to file an appeal.
2. Same--Nullity of Case-Made not Served Within Legal Time.
Where a case-made is not served within the time prescribed by law or valid order of the trial court, such case-made is a nullity and brings nothing before this court for review.
3. Same--Dismissal of Appeal When not Perfected Within Legal Time.
Proceedings on appeal to this court must be commenced within six months from the rendition of the final judgment or order appealed from, or the appeal will be dismissed.

Error from District Court, Tulsa County; Edwin R. McNeill, Judge.

From an order of the trial court denying objection to the confirmation of judicial sale of real estate and confirming the sale, in favor of the Monarch Cement Company, Mrs. George D. Lambert appeals. Dismissed.

Louis W. Pratt, for plaintiff in error.
William C. Alley and Hunt & Eagleton, for defendant in error.

PER CURIAM.