
    POPE FEED STORE v. LUCAS.
    No. 5295.
    Opinion Filed September 21, 1915.
    (151 Pac. 1074.)
    APPEAL AND ERROR — Case-Made—Service—Time. A case-made not served within the time fixed by an order of court is a nullity, and 'cannot be considered 'by the Supreme Court on appeal.
    (Syllabus by Dudley, C.)
    
      Error from County Court, Sequoyah County; J. G. McCombs, Judge.
    
    Action by the Pope Feed Store against J. S. Lucas. Judgment for defendant, and plaintiff brings error.
    Dismissed.
    
      J. H. Jarman, for plaintiff in error.
    
      Frye & Frye, for defendant in error.
   Opinion by

DUDLEY, C.

The defendant in error has filed a motion to dismiss this proceeding in error for the reason, among others, that the purported case-made was not served within the time fixed by the trial court. An examination of the record discloses a final judgment was rendered on March 20, 1913, and plaintiff given 60 days within which to prepare and serve case-made. The case-made was served on May 20, 1913. The time expired on May 19th. It follows that the case-made was not served within the time. This being true, it is a nullity, and cannot be considered by the court.

* The cause should therefore be dismissed. Hughes v. Martin, 43 Okla. 710, 144 Pac. 356.

By the Court: It is so ordered.  