England Bros. v. Young

Supreme Court of Oklahoma

England Bros. v. Young

1909 OK 271, 105 P. 654, 25 Okla. 876, 1910 Okla. LEXIS 354

CourtSupreme Court of Oklahoma

DecidedNovember 9, 1909

Docket216

StatusPublished

Cited by5 cases

This text of 1909 OK 271 (England Bros. v. Young) 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

England Bros. v. Young, 1909 OK 271, 105 P. 654, 25 Okla. 876, 1910 Okla. LEXIS 354 (Okla. 1909).

Pincite

Opinion

Williams, J.

It is insisted by the defendants in error that the case-made does not affirmatively show that it contains all the evidence heard by the trial court. Section 1, art. 4, c. 28, p. 322, Sess. Laws, Okla. T. 1905, provides that, when a record or ease-made is filed in the Supreme Court in either' a civil or criminal cause, if any evidence heard on the trial *877 of said cause is omitted therefrom, such court may, on its own motion, order within a reasonable time, to be fixed by said court, that such omitted parts under the direction of the trial judge may be incorporated at the beginning, and that no appeal shall be dismissed by reason of such error until an opportunity for such correction is allowed; and, it appearing that there is some question as to whether or not the record or ease-made affirmatively shows that all the evidence introduced before the trial court is contained therein, it is hereby ordered that the plaintiff in error shall be permitted to withdraw this record or case-made for such correction, and that such correction may be made at any time within 40 days from date hereof upon reasonable notice to the opposite side. The costs of this proceeding, however, up to this date, are to be taxed against the plaintiff in error.

All the Justices concur.

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Williams, J.

It is insisted by the defendants in error that the case-made does not affirmatively show that it contains all the evidence heard by the trial court. Section 1, art. 4, c. 28, p. 322, Sess. Laws, Okla. T. 1905, provides that, when a record or ease-made is filed in the Supreme Court in either' a civil or criminal cause, if any evidence heard on the trial *877 of said cause is omitted therefrom, such court may, on its own motion, order within a reasonable time, to be fixed by said court, that such omitted parts under the direction of the trial judge may be incorporated at the beginning, and that no appeal shall be dismissed by reason of such error until an opportunity for such correction is allowed; and, it appearing that there is some question as to whether or not the record or ease-made affirmatively shows that all the evidence introduced before the trial court is contained therein, it is hereby ordered that the plaintiff in error shall be permitted to withdraw this record or case-made for such correction, and that such correction may be made at any time within 40 days from date hereof upon reasonable notice to the opposite side. The costs of this proceeding, however, up to this date, are to be taxed against the plaintiff in error.

All the Justices concur.

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Bluebook (online)

1909 OK 271, 105 P. 654, 25 Okla. 876, 1910 Okla. LEXIS 354, Counsel Stack Legal Research, https://law.counselstack.com/opinion/england-bros-v-young-okla-1909.

Opinion

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