Backenstoch v. Young

1926 OK 637, 248 P. 637, 121 Okla. 156, 1926 Okla. LEXIS 86

• Court: Supreme Court of Oklahoma
• Decided: July 27, 1926
• Docket: 15698
• Status: Published

Opinion

PER CURIAM.

This cause is appealed from the court of common pleas of Tulsa county, .and the defendants in error have filed their motion to dismiss the appeal for ■the reason that the case-made was not filed by the court clerk of the trial court with the other papers in the case, as required by section 785, Compiled Oklahoma Statutes, 1921.

Among other things, this section provides:

“* * * The case an(j amendments shall, upon three days’ notice, be submitted to the judge, who shall settle and sign the same, and cause i't to be attested by the clerk, and the seal of the court to be thereto attached. It shall then be filed with the papers in the case. * * *”

The case-made herein is signed by (he judge of the trial court, attested by the court clerk, and the seal of the court is attached thereto, but there is no filing mark in the case-made to indicate that the same was filed in the case, or that ic ever was a part of the records of the case, and this court cannot take jurisdiction of the appeai which does not have a regularly filed case-made attached to the petition in error as required by the statute.

The plaintiff in error refers to the instrument as a transcrip1- in his petition in error, but the same is entit’ed “case-made.” is signed and settled as a case-made by the trial judge, and is so attesrerl by the clerk of the court below.

The appeal is dismissed.