Gardenhire v. Burdick

Supreme Court of Oklahoma

Gardenhire v. Burdick

1898 OK 50, 54 P. 483, 7 Okla. 212, 1898 Okla. LEXIS 23

CourtSupreme Court of Oklahoma

DecidedJuly 30, 1898

StatusPublished

Cited by12 cases

This text of 1898 OK 50 (Gardenhire v. Burdick) 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

Gardenhire v. Burdick, 1898 OK 50, 54 P. 483, 7 Okla. 212, 1898 Okla. LEXIS 23 (Okla. 1898).

Pincite

Opinion

Opinion of the court by

Burford, C. J.:

This purports to be an appeal from a judgment of the district court of Payne county. The record consists, of a case-made, regularly served, signed, authenticated, and filed. The case-made contains no ’copy of the judgment or final order of the court in said cause. After the case was filed in this court the plaintiff in error moved for a writ of certiorari to the clerk of the district court to bring up a transcript of the judgment. This motion can avail the plaintiff in error nothing, for it is the rule of this court that a case-made, when duly served, signed, authenticated, and filed, cannot be amended or supplemented in this court. The appeal is dismissed at costs of plaintiff in error.

All of the Justices concurring.

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Opinion of the court by

Burford, C. J.:

This purports to be an appeal from a judgment of the district court of Payne county. The record consists, of a case-made, regularly served, signed, authenticated, and filed. The case-made contains no ’copy of the judgment or final order of the court in said cause. After the case was filed in this court the plaintiff in error moved for a writ of certiorari to the clerk of the district court to bring up a transcript of the judgment. This motion can avail the plaintiff in error nothing, for it is the rule of this court that a case-made, when duly served, signed, authenticated, and filed, cannot be amended or supplemented in this court. The appeal is dismissed at costs of plaintiff in error.

All of the Justices concurring.

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Bluebook (online)

1898 OK 50, 54 P. 483, 7 Okla. 212, 1898 Okla. LEXIS 23, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gardenhire-v-burdick-okla-1898.

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