Putnam v. Western Bank Supply Co.

Supreme Court of Oklahoma

Putnam v. Western Bank Supply Co.

1913 OK 312, 132 P. 483, 38 Okla. 152, 1913 Okla. LEXIS 324

CourtSupreme Court of Oklahoma

DecidedMay 13, 1913

Docket3101

StatusPublished

Cited by6 cases

This text of 1913 OK 312 (Putnam v. Western Bank Supply Co.) 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

Putnam v. Western Bank Supply Co., 1913 OK 312, 132 P. 483, 38 Okla. 152, 1913 Okla. LEXIS 324 (Okla. 1913).

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Opinion

TURNER, J.

This case presents error from the superior court of Oklahoma county. The proceeding is here upon a transcript of the record. The only assignment of error contained in the petition in error is that: “Said court erred in denying defendant’s motion to vacate the default judgment entered by plaintiff in said action.” A motion to dismiss has been filed by counsel for defendant in error, on the ground that the record before us presents no error subject to review. This motion must be sustained. The motion to vacate the default judgment is no part of the record, and cannot be brought to this court by a transcript. McMecham v. Christy, 3 Okla. 301, 41 Pac. 382; Tribal Development Co. et al. v. White Bros. et al., 28 Okla. 525, 114 Pac. 736, and cases there cited. The cause is accordingly dismissed.

All the Justices concur.

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TURNER, J.

This case presents error from the superior court of Oklahoma county. The proceeding is here upon a transcript of the record. The only assignment of error contained in the petition in error is that: “Said court erred in denying defendant’s motion to vacate the default judgment entered by plaintiff in said action.” A motion to dismiss has been filed by counsel for defendant in error, on the ground that the record before us presents no error subject to review. This motion must be sustained. The motion to vacate the default judgment is no part of the record, and cannot be brought to this court by a transcript. McMecham v. Christy, 3 Okla. 301, 41 Pac. 382; Tribal Development Co. et al. v. White Bros. et al., 28 Okla. 525, 114 Pac. 736, and cases there cited. The cause is accordingly dismissed.

All the Justices concur.

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Bluebook (online)

1913 OK 312, 132 P. 483, 38 Okla. 152, 1913 Okla. LEXIS 324, Counsel Stack Legal Research, https://law.counselstack.com/opinion/putnam-v-western-bank-supply-co-okla-1913.

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