Pain v. Wylie

1913 OK 111, 131 P. 172, 35 Okla. 467, 1912 Okla. LEXIS 611
CourtSupreme Court of Oklahoma
DecidedFebruary 11, 1913
Docket4358
StatusPublished
Cited by2 cases

This text of 1913 OK 111 (Pain v. Wylie) 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
Pain v. Wylie, 1913 OK 111, 131 P. 172, 35 Okla. 467, 1912 Okla. LEXIS 611 (Okla. 1913).

Opinion

HAYES, C. J.

The proceeding in error in this case is prosecuted by petition in error and case-made. It does not appear from the record or otherwise that defendants in error were present, either in person or by counsel, at the settlement of the case-made, or that notice of the time and place of settlement was ever served upon or waived by defendants in error, or whether any amendments were suggested, and if any were suggested, what amendments were allowed or disallowed. Under this condition of the record, the case-made must be treated as a nullity and the cause dismissed. First Nat. Bank of Collinsville v. Daniels, 26 Okla. 383, 108 Pac. 748; Cobb & Co. et al. v. Hancock, 31 Okla. 42, 119 Pac. 627; Lister et al. v. Williams, 28 Okla. 302, 114 Pac. 255; Richardson v. Thompson, 33 Okla. 120, 124 Pac. 64; Jones v. Jones, ante, 130 Pac. 199.

All the Justices concur.

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Related

State v. Coyle
1915 OK CR 72 (Court of Criminal Appeals of Oklahoma, 1915)
Foral v. Bogle
1915 OK 25 (Supreme Court of Oklahoma, 1915)

Cite This Page — Counsel Stack

Bluebook (online)
1913 OK 111, 131 P. 172, 35 Okla. 467, 1912 Okla. LEXIS 611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pain-v-wylie-okla-1913.