Board of Com'rs of Creek County v. State

1915 OK 540, 150 P. 455, 48 Okla. 477, 1915 Okla. LEXIS 657

• Court: Supreme Court of Oklahoma
• Decided: June 29, 1915
• Docket: 4703
• Status: Published

Opinion

Opinion by

COLLIER, C.

(after stating the facts as above). The certificate of the trial judge to the purported case-made filed in this case not being attested by the clerk of such trial court, with the seal of such court attached, such purported case-made is a nullity, and confers no jurisdiction upon this court to review any question presented by such purported case-made. Stallard v. Knapp, 9 Okla. 591, 60 Pac. 234; Oligschlager v. Grell, 13 Okla. 632, 75 Pac. 1131; Montemat v. Johnson, 42 Okla. 443, 141 Pac. 779.

Rule 16 of this court (38 Okla. viii, 137 Pac. x) prescribes the form of a certificate to a transcript when' the appeal to this court is upon a transcript of the record of the trial court, and' prescribes that such certificate must be under the seal of said court, and, as the certificaté of said clerk to the purported case-made is not made under the seal of said court, consequently said purported case-made cannot be considered as a transcript of the record of the proceedings of the trial court in this cause. Childers v. Fleetwood, 39 Okla. 455, 135 Pac. 931.

As the purported case-made is a nullity, and the same cannot be regarded as a transcript, this appeal should be dismissed.

' By the Court: It is so ordered.