No. 38365.

351 P.2d 1053 (1960)

AUTO CONVOY COMPANY, a foreign corporation and Ober W. Willingham, Plaintiffs in Error, v. Issac D. SMITH, Defendant in Error.

Supreme Court of Oklahoma.

Rehearing Denied April 19, 1960.

Application for Leave to File Second Petition for Rehearing Denied May 17, 1960.

Attorney(s) appearing for the Case

Charles F. Burns, Miami, Henry Exall, Jr., Dallas, Tex., for plaintiffs in error.

Jack C. Brown, Miami, for defendant in error.


The defendant in error, Issac D. Smith, filed a motion to dismiss the appeal in this case for the reason that the appeal was not filed in this Court within the time allowed by law.

The motion for new trial in this case was overruled by the trial court on March 7, 1958, and the defendants below gave notice of appeal and were allowed at that time an extension of 60 days from the 7th of March, 1958, to make and serve case-made, and plaintiff to have...

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