Bank of Stilwell v. Morris

1914 OK 53, 138 P. 790, 41 Okla. 429, 1914 Okla. LEXIS 157

Opinion

Opinion by

GALBRAITH, C.

This is an appeal by petition in error and case-made. The record, however, presents no question to this court for review, for the reason that the case-made was not “filed with the papers in the case” in the trial court as required by section 5243, Rev. Laws 1910. This requirement is jurisdictional, and a compliance therewith is necessary to give this court power to- review the errors assigned. Graham et al. v. Atwood, ante, 136 Pac. 1080.

The petition in error was filed in this court January 30, 1912. The time for correcting a defect of this character has expired by limitation.

The appeal should therefore be dismissed.

By the Court: It is so ordered.