Dickerson v. Botchleott

1927 OK 18, 254 P. 80, 122 Okla. 252, 1927 Okla. LEXIS 176

• Court: Supreme Court of Oklahoma
• Decided: January 25, 1927
• Docket: 16963
• Status: Published

Opinion

PER CTJRIAM.

ThIn case is before this court upon motion to dismiss, and upon an examination of the record it is found that the appeal is attempted to be brought upon a p.~titjon in error with case-made attached. The purported case-made was not filed with the papers in the cuse in the trial court. The case-made must be filed with the papers in the trial court, and unless so filed, is a nullity, and this court does not have jurisdiction to review errors assigned. School Dist. of Okmulgee Co. v. Hinchie, 62 Okla. 97, 162 Pac. 206; Banks v. Watson, 40 Okla. 450, 139 Pac. 306.

The record cannot be considered as a transcript, for the reason that the same is not certified to, as such, by the clerk of the trial court. Where the case-made is a nullity because not filed with the papers in the case in the trial court. the same cannot b2 oonsidered as a transcript where it is not certified to, as such, by the clerk of the trial court.

In the case of Martin v. Milnor et al., 52 Okla. 232, 152 Pac. 388, it was held by by this court that:

"Whore a case-made is a nullity, because not served within time, the same cannot be considered as a transcript, where it is not certified by the clerk of the trial court."

The final order from which this appeal is attempted was made on May 14, 1925, and the appeal lodged in this court on Novem-her 13, 1925. More than six months having elapsed since the final order appealed from was made, it is now too late to supply the necessary certificate of the clerk of the trial court certifying to the record as a transleript. Buehl v. American Indemnity Co., 72 Okla. 95, 178 Pac. 884.

Applying the above rules to the case at bar, it follows that the appeal in this case should be, and is dismissed.