
    CUNYAN v. CLEMMER.
    No. 3838.
    Opinion Filed September 11, 1912.
    (126 Pac. 578.)
    APPEAL AND ERROR — Case-Made—Delay in Service. A purported ease-made, which is not served within three days after the judgment or order appealed from is entered, or within an extension of time duly allowed, is a nullity, and cannot be considered by this court.
    (Syllabus by the Court.)
    
      Error from District Court, Kay County; W. M. Bowles, Judge.
    
    Action between Mike Cunyan and John Clemmer. From the judgment, Cunyan brings error.
    Dismissed.
    
      W. B. Clark, for plaintiff in error.
    
      W. K. Moore and L. A. Maris, for defendant in error.
   HAYES, J.

This appeal is prosecuted upon petition in error and case-made. On the 28th day of August, 1911, within an extension of time theretofore granted in which to serve a case-made, plaintiff in error was granted by the trial judge, as a further extension of time within which to serve his case, a period of ten days from that date. The case-made was not served until September 8th, which was one day after the expiration of the extended period, and the case-made is therefore void, and the appeal must be dismissed. Cowan v. Maxwell, 27 Okla. 87, 111 Pac. 388; London & Lancashire Fire Ins. Co. v. Cummings et al., 23 Okla. 126, 99 Pac. 654; Bettis v. Cargile et al., 23 Okla. 301, 100 Pac. 436.

TURNER, C. J., and WILLIAMS, KANE, and DUNN, JJ., concur.  