Andrews v. Gant

1924 OK 688, 228 P. 1104, 100 Okla. 278, 1924 Okla. LEXIS 1005

• Court: Supreme Court of Oklahoma
• Decided: September 16, 1924
• Docket: 12972
• Status: Published

Opinion

Opinion by

JARMAN, O.

This is an appeal from tbe district court of Stephens county, Olda. It is now before tbe court on tbe motion of defendants in error to dismiss tbe appeal for the reason that sufficient notice was not given defendants in error of tbe time and place for signing and settling tbe case-made, and that said purported ease-made was signed and settled after the expiration of the time mentioned in tbe verba! notice of such signing and settling, and not in tbe presence of a representative of defendants in error.

We have examined tbe case-made attar-bed to tbe petition in error herein, in connection with these objections to tbe case-made, and find it does not contain a stipulation signed by tbe parties, or their counsel, that it is a true, correct, and complete copy of all of tbe proceedings in said case; we find that it does rot contain a written notice to the defendants in error, or their attorneys, of tbe time and place of signing and settling of said' case-made, which was necessary to constitute a valid notice (Brown v. Marks, 45 Okla. 711, 141 Pac. 707); it does not contain any waiver by defendants to suggest amendments to the case-made, and also find that said purported case-made was signed by tbe trial judge on tbe 14tb day of January, 1922 —one day after tbe expiration of tbe verbal notice so to do, and does not show that defendants in error were represented at such • signing.

T’nder this state of the record, this court has no jurisdiction to review tbe errors assigned in this cause (McCann v. McCann. 96 Okla. 250, 221 Pac. 499), and tbe appeal Is therefore dismissed.

By the Court: It is so ordered.