Berry v. Woodward
This text of 1913 OK 240 (Berry v. Woodward) 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.
Opinion
This is an appeal from the action of the court below in sustaining a demurrer to the petition of the plaintiff in error, plaintiff below. As counsel for the plaintiff in error has not complied with rule 25 (20 Oída, xii, 95 Pac. viii) of this court by setting forth material parts of the petition against which the demurrer was directed, the court declines to, review the question raised. The rule requires that:
“The brief of the plaintiff in error in all eases except felonies shall contain an abstract or abridgment of the transcript, setting forth the material parts of the pleadings, proceedings, facts and documents upon which he relies, together with such other statements from the record as are necessary to a full understanding of the questions presented to this court for decision, so that no examination of the record itself need be made in this court.”
A substantial compliance with this rule is mandatory.
The judgment of the court below is affirmed.
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Cite This Page — Counsel Stack
1913 OK 240, 133 P. 1127, 38 Okla. 468, 1913 Okla. LEXIS 402, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berry-v-woodward-okla-1913.