Bank of Stilwell v. Morris

Supreme Court of Oklahoma

Bank of Stilwell v. Morris

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

CourtSupreme Court of Oklahoma

DecidedFebruary 10, 1914

Docket3650

StatusPublished

Cited by5 cases

This text of 1914 OK 53 (Bank of Stilwell v. Morris) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bank of Stilwell v. Morris, 1914 OK 53, 138 P. 790, 41 Okla. 429, 1914 Okla. LEXIS 157 (Okla. 1914).

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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.

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