Ft. Smith W. R. Co. v. McKee

HAYES, C. J. The judgment from which this appeal is prosecuted was rendered on the 8th day of July, 1912. The ease-made bears an indorsement purporting to show that it was filed in the office of the clerk of the county court on the 9th day of November, 1912; but' the case-made was not signed and settled by the trial judge until the 25th day of November, 1912. There has therefore never been any valid filing of the case-made in the office of the clerk of the court; and the case-made is for that reason a nullity. The statutory time within which to perfect an appeal to this court has expired; and there exists, therefore, no time within which plaintiff in error might withdraw the case-made and perfect same by filing it with the clerk of the trial court; and upon authority of Brooks et al. v. United Mine *195 Workers of America et al., 36 Okla. 109, 128 Pac. 236, and Marple v. Farmers’ & Merchants’ Nat. Bank, 28 Okla. 810, 115 Pac. 1124, the appeal must be dismissed. All the Justices concur.