Canfield v. Bell

Supreme Court of Oklahoma

Canfield v. Bell

1915 OK 480, 149 P. 1088, 47 Okla. 622, 1915 Okla. LEXIS 204

CourtSupreme Court of Oklahoma

DecidedJune 15, 1915

Docket4841

StatusPublished

Cited by3 cases

This text of 1915 OK 480 (Canfield v. Bell) 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

Canfield v. Bell, 1915 OK 480, 149 P. 1088, 47 Okla. 622, 1915 Okla. LEXIS 204 (Okla. 1915).

Pincite

Opinion

*623 HARDY, J.

This case comes on upon motion to dismiss appeal, because: (1) The case-made was not filed in the court below; (2) the certificate of the judge who tried the case was never attested by the clerk of the county court; and (3) the certificate of the alleged case-made does not affirmatively show that it contains a full, true, and correct transcript of the record in said cause.

It does not appear that the case-made was ever filed in the office of the clerk of the trial court, as required by section 5242, Rev. Laws 1910, and, in the absence of a request for leave to withdraw case-made and file same as required by said statute, it will be stricken from the files of this court; and, not being properly certified as a transcript, the petition in error is dismissed. Abbott .v Rogers, 35 Okla. 189, 128 Pac. 908; Peck v. Stephens, 35 Okla. 468, 130 Pac. 276; Montemat v. Johnson, 42 Okla. 443, 141 Pac. 779.

All the Justices concur.

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*623 HARDY, J.

This case comes on upon motion to dismiss appeal, because: (1) The case-made was not filed in the court below; (2) the certificate of the judge who tried the case was never attested by the clerk of the county court; and (3) the certificate of the alleged case-made does not affirmatively show that it contains a full, true, and correct transcript of the record in said cause.

It does not appear that the case-made was ever filed in the office of the clerk of the trial court, as required by section 5242, Rev. Laws 1910, and, in the absence of a request for leave to withdraw case-made and file same as required by said statute, it will be stricken from the files of this court; and, not being properly certified as a transcript, the petition in error is dismissed. Abbott .v Rogers, 35 Okla. 189, 128 Pac. 908; Peck v. Stephens, 35 Okla. 468, 130 Pac. 276; Montemat v. Johnson, 42 Okla. 443, 141 Pac. 779.

All the Justices concur.

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Bluebook (online)

1915 OK 480, 149 P. 1088, 47 Okla. 622, 1915 Okla. LEXIS 204, Counsel Stack Legal Research, https://law.counselstack.com/opinion/canfield-v-bell-okla-1915.

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