
    ALTUS ALFALFA MILLING CO. v. TAPPAN.
    No. 2592.
    Opinion Filed November 14, 1911.
    (119 Pac. 204.)
    APPEAL AND ERROR — Record.—Delay in Filing — Dismissal. Appeal dismissed, upon the ground that the petition in error and case-made were not filed in the Supreme Court within the time limited by law.
    (Syllabus by the Court.)
    
      Error from District Court, Jackson County; J. T. Johnson, Jtidge.
    
    Action between the Altus Alfalfa Milling Company and Charles A. Tappan. From the judgment, the Milling Company brings error.
    Dismissed.
    
      P. K. Morrill, for plaintiff in error.
    
      Crane & Ready, for defendant in error.
   KANE, J.

This cause comes on tó be heard upón'.a motion to dismiss, upon the ground that the petition in error and case-made were not filed in this court within the time required by law.

The motion must be sustained. The record shows that on the 12th day of May, 1910, a motion for a new trial was overruled, and the plaintiff in error was granted 90 days within which to prepare and serve a case-made; that 10 days were given the defendant in error within which to suggest amendments, and said case to be settled upon 5 days’ notice; that on the 11th day of August, 1910, counsel for plaintiff in error served his case-made. The case was served one day out of time. It is well settled that under such circumstances the appeal must be dismissed.

It is so ordered.

All the Justices concur.  