Diller v. Henderson
This text of 1924 OK 852 (Diller v. Henderson) 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
Defendant in error has filed a motion to dismiss this appeal upon the ground that he had no notice of the time and place of settling and signing the case-made. Plaintiff in error states in his response that he left a copy of notice of settling case-made in the office of J. J. Henderson, defendant in error and attorney of record in the case, while Henderson was out of the state. No other attempt to serve notice was made, and it is not contended that defendant in error ever had knowledge that a copy of the notice was left in his office. Such attempted service of notice of the time and place of settling and signing case-made 'was insufficient. Wyant v. Wheeler, 38 Okla. 68, 132 Pac. 137. Service of notice was in no way waived. The errors assigned in the petition in error are errors of law occurring at the trial, which must be presented by case-made. Appeal dismissed.
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Cite This Page — Counsel Stack
1924 OK 852, 229 P. 536, 107 Okla. 38, 1924 Okla. LEXIS 596, Counsel Stack Legal Research, https://law.counselstack.com/opinion/diller-v-henderson-okla-1924.