Maxwell v. Kessler

Supreme Court of Oklahoma

Maxwell v. Kessler

1924 OK 178, 223 P. 612, 97 Okla. 201, 1924 Okla. LEXIS 1081

CourtSupreme Court of Oklahoma

DecidedFebruary 12, 1924

Docket12821

StatusPublished

This text of 1924 OK 178 (Maxwell v. Kessler) 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

Maxwell v. Kessler, 1924 OK 178, 223 P. 612, 97 Okla. 201, 1924 Okla. LEXIS 1081 (Okla. 1924).

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Opinion

Opinion by

STEPHENSON, C.

Judgment was rendered in this cause in favor of Steve Kessler and against E. Messersmith et. al. Later E. Messersmith filed his application in the cause praying the court to set aside the judgment rendered therein. Fpon due consideration of the application the same was overruled. The petitioner followed this action by filing other applications to set aside the judgment which were denied by the court. The defendant gave notice of appeal and caused to be ■ prepared a case-made purporting to show the proceedings had in relation to the application to set aside the judgment. The purported case-made lodged in this court does not bear proper eertificiajte of the court clerk, !or properly attested, and does not show to have been filed in the cause below. The errors complained of, in order to be reviewed in this court, must be presented by proper case-made. For the errors and irregularities stated the case-made is a nullity and does not present any questions for review in this court. Ft. Smith & W. R. Co. v. McKee, 38 Okla. 194, 132 Pac. 497; St. L. S. F. Ry. Co. v. Bonham, 43 Okla. 637, 143 Pac. 660; Latta et al. v. Way et al., 43 Okla. 638, 143 Pac. 663; Gibbs v. Tanner, 43 Okla. 477, 143 Pac. 189.

Therefore it is recommended that this cause be dismissed.

By the Court: It is so ordered.

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Opinion by

STEPHENSON, C.

Judgment was rendered in this cause in favor of Steve Kessler and against E. Messersmith et. al. Later E. Messersmith filed his application in the cause praying the court to set aside the judgment rendered therein. Fpon due consideration of the application the same was overruled. The petitioner followed this action by filing other applications to set aside the judgment which were denied by the court. The defendant gave notice of appeal and caused to be ■ prepared a case-made purporting to show the proceedings had in relation to the application to set aside the judgment. The purported case-made lodged in this court does not bear proper eertificiajte of the court clerk, !or properly attested, and does not show to have been filed in the cause below. The errors complained of, in order to be reviewed in this court, must be presented by proper case-made. For the errors and irregularities stated the case-made is a nullity and does not present any questions for review in this court. Ft. Smith & W. R. Co. v. McKee, 38 Okla. 194, 132 Pac. 497; St. L. S. F. Ry. Co. v. Bonham, 43 Okla. 637, 143 Pac. 660; Latta et al. v. Way et al., 43 Okla. 638, 143 Pac. 663; Gibbs v. Tanner, 43 Okla. 477, 143 Pac. 189.

Therefore it is recommended that this cause be dismissed.

By the Court: It is so ordered.

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Bluebook (online)

1924 OK 178, 223 P. 612, 97 Okla. 201, 1924 Okla. LEXIS 1081, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maxwell-v-kessler-okla-1924.

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