In Re Mahannah's v. Estate

Supreme Court of Oklahoma

In Re Mahannah's v. Estate

1928 OK 600, 280 P. 262, 138 Okla. 4, 1928 Okla. LEXIS 962

CourtSupreme Court of Oklahoma

DecidedOctober 9, 1928

Docket19646

StatusPublished

This text of 1928 OK 600 (In Re Mahannah's v. Estate) 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

In Re Mahannah's v. Estate, 1928 OK 600, 280 P. 262, 138 Okla. 4, 1928 Okla. LEXIS 962 (Okla. 1928).

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Opinion

PER CURIAM.

This is an attempt to appeal by petition in error with transcript attached. The assignments of error incorporated in the petition in error can only be reviewed by bill of exceptions or case-made. There is incorporated in the transcript filed in this court a purported bill' of exceptions, but the record does not show the same to have be'en presented to or filed in the office of the clerk of the trial court. Bill of exceptions never becomes a part of the record until it is filed in the trial court, and unless so filed, it cannot be copied into the transcript and presents no error to this court. Bruce v. Casey-Swasey Co., 13 Okla. 554, 75 Pac. 280; Vann v. Central Life Ins. Co., 79 Okla. 17, 191 Pac. 175.

Under the rule announced in the. cases above cited, the purported bill of 'exceptions cannot be properly incorporated in the transcript, for the reason it was never filed in the trial court, and there is therefore nothing before this court for review. The appeal is dismissed.

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PER CURIAM.

This is an attempt to appeal by petition in error with transcript attached. The assignments of error incorporated in the petition in error can only be reviewed by bill of exceptions or case-made. There is incorporated in the transcript filed in this court a purported bill' of exceptions, but the record does not show the same to have be'en presented to or filed in the office of the clerk of the trial court. Bill of exceptions never becomes a part of the record until it is filed in the trial court, and unless so filed, it cannot be copied into the transcript and presents no error to this court. Bruce v. Casey-Swasey Co., 13 Okla. 554, 75 Pac. 280; Vann v. Central Life Ins. Co., 79 Okla. 17, 191 Pac. 175.

Under the rule announced in the. cases above cited, the purported bill of 'exceptions cannot be properly incorporated in the transcript, for the reason it was never filed in the trial court, and there is therefore nothing before this court for review. The appeal is dismissed.

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Bluebook (online)

1928 OK 600, 280 P. 262, 138 Okla. 4, 1928 Okla. LEXIS 962, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-mahannahs-v-estate-okla-1928.

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