Phillips v. Hackler

Supreme Court of Oklahoma

Phillips v. Hackler

1915 OK 1087, 153 P. 863, 49 Okla. 586, 1915 Okla. LEXIS 90

CourtSupreme Court of Oklahoma

DecidedDecember 21, 1915

Docket6580

StatusPublished

Cited by2 cases

This text of 1915 OK 1087 (Phillips v. Hackler) 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

Phillips v. Hackler, 1915 OK 1087, 153 P. 863, 49 Okla. 586, 1915 Okla. LEXIS 90 (Okla. 1915).

Pincite

Opinion

KANE, C. J.

This cause comes on to be heard upon a motion to dismiss, filed by the defendant In error upon the following ground:

“The judgment rendered herein is a joint judgment in favor of Mary Hackler against three defendants, Sam Dane, Chas. A. Phillips, and Victor C. Phillips. The de *587 fendants Chas. A. Phillips and Victor C. Phillips filed motion for new trial, which was overruled and time given in which to serve case-made. No case-made was ever served on the defendant Sam Dane. There is no showing of service on Sam Dane and no waiver by him. This renders the case-made void; and, since this is an appeal by case-made, there is nothing for, the court to consider, and hence the same should be dismissed.”

This contention seems to be well taken. It is supported by National Surety Co. v. Oklahoma Presbyterian College, 38 Okla. 429, 132 Pac. 652, cited by the movants, and by many other cases.

The motion to dismiss is sustained.

All the Justices concur.

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