Cable v. Myers

Supreme Court of Oklahoma

Cable v. Myers

1914 OK 400, 142 P. 1114, 43 Okla. 302, 1914 Okla. LEXIS 517

CourtSupreme Court of Oklahoma

DecidedSeptember 1, 1914

Docket6688

StatusPublished

Cited by7 cases

This text of 1914 OK 400 (Cable v. Myers) 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.

Bluebook

Cable v. Myers, 1914 OK 400, 142 P. 1114, 43 Okla. 302, 1914 Okla. LEXIS 517 (Okla. 1914).

Pincite

Opinion

BLEAKMORE, J.

This case presents error from the superior court of Pottawatomie county, and is an appeal from a final order of that court upon the motion of plaintiff in error to retax costs. Attached to the petition in error is a purported transcript of the record. There is neither case-made nor bill of exceptions; and, for these reasons, defendant in error has filed his motion to dismiss this proceeding.

This court has repeatedly held that the rulings of a trial court upon motion cannot be reviewed here, unless such matters are made a part of the record by bill of exceptions or case-made. In Bruner et al. v. Kansas Moline Plow Co., 24 Okla. 158, 103 Pac. 673, it was held:

“The only way that this court may re-examine the taxing of costs in the trial court is on appeal, by means of a bill of exceptions or case-made.”

It follows that the motion to dismiss this case should be sustained; and it is so ordered.

All the Justices concur.

Free access — add to your briefcase to read the full text and ask questions with AI