Harkins v. McPhail

1920 OK 14, 187 P. 222, 77 Okla. 162, 1920 Okla. LEXIS 215

• Court: Supreme Court of Oklahoma
• Decided: January 13, 1920
• Docket: 10986
• Status: Published

Opinion

KANE, J.

The facts alleged in defendants in error’s motion to dismiss are that the purported case-made filed herein and attached to the petition in error was not signed and settled and allowed in the manner provided by law, for the reason that defendants in error did not receive any notice of the time and place of the purported settlement of the case-made, and were not present at the time of such purported settlement; nor was notice of the time and place of settlement waived, or suggestions of amendments to said case-made offered.

These facts are sufficient for dismissal. First National Bank of Collinsville v. Daniels, 26 Okla. 383, 108 Pac. 748; Richardson v. Thompson, 33 Okla. 120, 124 Pac. 64; School District No. 18, Creek County, v. Griffith et al., 33 Okla. 625, 127 Pac. 258; Cobb & Co. et al. v. Hancock, 31 Okla. 42, 119 Pac. 627; Southwestern Surety Insurance Co. v. Going et al., 48 Okla. 460, 150 Pac. 488; Wood er al. v. King, 49 Okla. 98, 151 Pac. 685; Guymon Electric Light and Power Co. v. Spiers, 73 Oklahoma, 175 Pac. 347.

The motion to dismiss is sustained.

RAINEY, V. C. J., and JOHNSON, PITCH-EORD, McNEILL, and HIGGINS, JJ., concur; BAILEY, J., disqualified, not participating.