Gibbs v. Tanner

Supreme Court of Oklahoma

Gibbs v. Tanner

1914 OK 433, 143 P. 189, 43 Okla. 477, 1914 Okla. LEXIS 548

CourtSupreme Court of Oklahoma

DecidedSeptember 22, 1914

Docket6001

StatusPublished

Cited by8 cases

This text of 1914 OK 433 (Gibbs v. Tanner) 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

Gibbs v. Tanner, 1914 OK 433, 143 P. 189, 43 Okla. 477, 1914 Okla. LEXIS 548 (Okla. 1914).

Pincite

Opinion

TURNER, J.

Final judgment in this case was rendered and entered November 6, 1913. Plaintiff in error brings the case here for review by petition in error and case-made. Defendant in error files his motion to dismiss, alleging as grounds therefor that the pretended case7made does not show that it has been filed .with the papers in the case by the clerk of the court in which said cause was tried, as required by section 5254, Rev. Laws 1910, and that the statutory period of six months, allowed by chapter 18, p. 35, Sess. Laws 1910-11, having expired since the rendition of the judgment or final order complained of, the pretended case-made cannot now be withdrawn for correction. The record is not at variance with the statement of facts set forth in the motion.

The case-made not having been filed in the office of the clerk of the trial court, the same is a nullity, and upon the au *478 thority of Banks et al. v. Watson et al., 40 Okla. 450, 139 Pac. 306, and cases therein cited, the appeal must be dismissed. It is so ordered.

All the Justices concur.

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TURNER, J.

Final judgment in this case was rendered and entered November 6, 1913. Plaintiff in error brings the case here for review by petition in error and case-made. Defendant in error files his motion to dismiss, alleging as grounds therefor that the pretended case7made does not show that it has been filed .with the papers in the case by the clerk of the court in which said cause was tried, as required by section 5254, Rev. Laws 1910, and that the statutory period of six months, allowed by chapter 18, p. 35, Sess. Laws 1910-11, having expired since the rendition of the judgment or final order complained of, the pretended case-made cannot now be withdrawn for correction. The record is not at variance with the statement of facts set forth in the motion.

The case-made not having been filed in the office of the clerk of the trial court, the same is a nullity, and upon the au *478 thority of Banks et al. v. Watson et al., 40 Okla. 450, 139 Pac. 306, and cases therein cited, the appeal must be dismissed. It is so ordered.

All the Justices concur.

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Bluebook (online)

1914 OK 433, 143 P. 189, 43 Okla. 477, 1914 Okla. LEXIS 548, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gibbs-v-tanner-okla-1914.

Opinion

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