Grimes v. West

Supreme Court of Oklahoma

Grimes v. West

1915 OK 336, 149 P. 135, 47 Okla. 436, 1915 Okla. LEXIS 169

Supreme Court of Oklahoma·Decided May 18, 1915·No. 7162·Published·Cited by 3 cases

Opinion

SHARP, J.

This action was instituted in a justice of the peace court of Stephens county, and from the judgment there rendered appeal was taken to the county court. Trial was had August 14, 1914, resulting in a judgment in favor of plaintiff and against defendants, C. L. Grimes and Frank Goodman. A motion of defendant C. L. Grimes to set aside the judgment, and for a new trial, was filed August 15th and overruled August 20th, from which action of the court said defendant appeals.

Defendant in error, Henrietta West, has filed a motion to dismiss the appeal upon the ground that Frank Goodman, who was a party defendant, has not been served with case-made in this action. An examination of the record discloses that there has been no service of the case-made upon Frank Goodman or his attorney, and the objection to the consideration of the appeal must be sustained, for it is a well-established rule of this court that where a joint judgment has been' rendered against two defendants, they must be joined in a proceeding in error in this court, either as plaintiffs or defendants in error, before such judgment can be reviewed; and, where the review is sought by means of a petition in error and case-made, service of the case-made within the time prescribed by statute must be had upon each of them or their attorneys. A failure so to serve the case-made upon a party to a joint judgment who will necessarily be affected by a reversal *438 thereof defeats the jurisdiction of the appellate court and prevents a review of the judgment. Humphrey et al. v. Hunt, 9 Okla. 197, 59 Pac. 971; American Nat. Bank of McAlester et al. v. Mergenthaler Linotype Co., 31 Okla. 533, 122 Pac. 507; Appleby et al. v. Dowden, 35 Okla. 707, 132 Pac. 349; School Dist. No. 29, McClain County, v. First Nat. Bank, 40 Okla. 568, 139 Pac. 989; Tucker v. Hudson et al., 38 Okla. 790, 134 Pac. 21; Bowles et al. v. Cooney et al., 45 Okla. 517, 146 Pac. 221.

For the failure to serve case-made upon defendant in error Frank Goodman the appeal is dismissed.

All the Justices concur.

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SHARP, J.

This action was instituted in a justice of the peace court of Stephens county, and from the judgment there rendered appeal was taken to the county court. Trial was had August 14, 1914, resulting in a judgment in favor of plaintiff and against defendants, C. L. Grimes and Frank Goodman. A motion of defendant C. L. Grimes to set aside the judgment, and for a new trial, was filed August 15th and overruled August 20th, from which action of the court said defendant appeals.

Defendant in error, Henrietta West, has filed a motion to dismiss the appeal upon the ground that Frank Goodman, who was a party defendant, has not been served with case-made in this action. An examination of the record discloses that there has been no service of the case-made upon Frank Goodman or his attorney, and the objection to the consideration of the appeal must be sustained, for it is a well-established rule of this court that where a joint judgment has been' rendered against two defendants, they must be joined in a proceeding in error in this court, either as plaintiffs or defendants in error, before such judgment can be reviewed; and, where the review is sought by means of a petition in error and case-made, service of the case-made within the time prescribed by statute must be had upon each of them or their attorneys. A failure so to serve the case-made upon a party to a joint judgment who will necessarily be affected by a reversal *438 thereof defeats the jurisdiction of the appellate court and prevents a review of the judgment. Humphrey et al. v. Hunt, 9 Okla. 197, 59 Pac. 971; American Nat. Bank of McAlester et al. v. Mergenthaler Linotype Co., 31 Okla. 533, 122 Pac. 507; Appleby et al. v. Dowden, 35 Okla. 707, 132 Pac. 349; School Dist. No. 29, McClain County, v. First Nat. Bank, 40 Okla. 568, 139 Pac. 989; Tucker v. Hudson et al., 38 Okla. 790, 134 Pac. 21; Bowles et al. v. Cooney et al., 45 Okla. 517, 146 Pac. 221.

For the failure to serve case-made upon defendant in error Frank Goodman the appeal is dismissed.

All the Justices concur.

Grimes v. West, 1915 OK 336, 149 P. 135, 47 Okla. 436, 1915 Okla. LEXIS 169 (Okla. 1915).

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Opinion

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