Champion Oil Co. v. Burke
This text of 1923 OK 304 (Champion Oil Co. v. Burke) 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
The defendant in error has filed motion to dismiss the appeal, herein because the transcript is not properly certified. This appeal is attempted to be prosecuted on transcript of the record, and thes certificate of the clerk is as follows:
, “I. L. D. Martin, court clerk within and for Muskogee county, state of Oklahoma, do hereby certify that the above and foregoing transcript is a true and correct transcription of petition, affidavit for attachment. order and writ of attachment, answer, motion for judgment on the pleadings. journal entry of judgment, and super-sedeas bond, and the same remains on file and of record in the above entitled case in my office. Dated at my office at Muskogee, Oklahoma, this the 31th day of February, 1921.
“L. D. Martin, Court Clerk.
“By W. H. Ballard, Deputy Court Clerk.
(Seal.)”
Rule 17 of this court provides that the certificate of transcript may be certified by the court clerk, substantially in the follow ing form:
“State of Oklahoma, County of-“I-. court clerk for said county, do hereby certify that the foregoing is a full, true and correct trnnscript of the record ’ in the above entitled cause.
“In testimony whereof, I have hereunto set my hand and seal of this court this— day of-■-39 — .
“-:-. Court Clerk.”
In the case of Wade et al. v. Mitchell, 14 Okla. 168, 79 Pac. 95, it was held:
“Where a transcript on appeal fails to show affirmatively that it contains’a true, full and complete copy of all the proceedings on the trial -which are properly a part of the record, this court will not review alleged errors.” ■■'''■
The rule in this case was approved in the case of Fortune v. Parks et al., 29 Okla. 698, 119 Pac. 134.
*34 It is clear, under the authority of these cases, that the certificate in the instant case is insufficient, and the appeal D dis- • missed.
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Cite This Page — Counsel Stack
1923 OK 304, 215 P. 756, 90 Okla. 33, 1923 Okla. LEXIS 1097, Counsel Stack Legal Research, https://law.counselstack.com/opinion/champion-oil-co-v-burke-okla-1923.