Dies v. Boyngton

1923 OK 35, 212 P. 318, 88 Okla. 156, 1923 Okla. LEXIS 568

• Court: Supreme Court of Oklahoma
• Decided: January 23, 1923
• Docket: 13971
• Status: Published

Opinion

MeNEILL, J.

Defendant in error filed a motion to dismiss the appeal upon several grounds, one of which was that no notice of the time and place of signing and settling thie case-made was given, nor was defendant in error present or represented when ease-made was signed and settled. Notice of service was had upon plaintiffs in error of the motion to dismiss, and no response has been filed thereto.

The court, in the case of Ranney-Davis Merc. Co. v. Morris, 88 Okla. 107, 211 Pac. 1044, announced the rule, as follows:

“Where no notice of the time of settlement of the case-made is given or waived, and there is no appearance by the opposite party, either in person or by' counsel, the case-made is a nullity, and this court acquires no jurisdiction to decide the question therein.”

■Por the reasons stated, the motion to dismiss is sustained.

JOHNSON, V. O. J., and KANE, COCHRAN, and BRANSON, JJ., concur.