St. Louis S. F. R. Co. v. Blassingame Woodward

Supreme Court of Oklahoma

St. Louis S. F. R. Co. v. Blassingame Woodward

1919 OK 281, 184 P. 574, 76 Okla. 183, 1919 Okla. LEXIS 155

CourtSupreme Court of Oklahoma

DecidedOctober 14, 1919

Docket4458

StatusPublished

Cited by1 cases

This text of 1919 OK 281 (St. Louis S. F. R. Co. v. Blassingame Woodward) 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.

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St. Louis S. F. R. Co. v. Blassingame Woodward, 1919 OK 281, 184 P. 574, 76 Okla. 183, 1919 Okla. LEXIS 155 (Okla. 1919).

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Opinion

PER CURIAM.

This cause was dismissed in an opinion prepared by Commissioner Brewer for the reason that the case-made did not appear to have been filed among the papers in the case in the trial court, as required by section 5242, Rev. Laws 1910. The motion to reinstate the cause was sustained and plaintiff in error granted leave to withdraw the case-made for the purpose of cor reet.ion, and to show that same was, in fact, filed with the clerk of the trial court. The trial judge refused to order the correction, and the case-made was returned to this court, together with controverting affidavits. Upon further consideration it does not sufficiently appear that the case-made was filed with the clerk in the trial court, as required under the provisions of section 5242, supra. Therefore. the case-made must be stricken from the files in this court Wyant v. Beavers, 49 Okla. 30, 150 Pac. 480. and there being no transcript of 'the record of proceedings in the trial c-ourt, the appeal will be dismissed.

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PER CURIAM.

This cause was dismissed in an opinion prepared by Commissioner Brewer for the reason that the case-made did not appear to have been filed among the papers in the case in the trial court, as required by section 5242, Rev. Laws 1910. The motion to reinstate the cause was sustained and plaintiff in error granted leave to withdraw the case-made for the purpose of cor reet.ion, and to show that same was, in fact, filed with the clerk of the trial court. The trial judge refused to order the correction, and the case-made was returned to this court, together with controverting affidavits. Upon further consideration it does not sufficiently appear that the case-made was filed with the clerk in the trial court, as required under the provisions of section 5242, supra. Therefore. the case-made must be stricken from the files in this court Wyant v. Beavers, 49 Okla. 30, 150 Pac. 480. and there being no transcript of 'the record of proceedings in the trial c-ourt, the appeal will be dismissed.

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Bluebook (online)

1919 OK 281, 184 P. 574, 76 Okla. 183, 1919 Okla. LEXIS 155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/st-louis-s-f-r-co-v-blassingame-woodward-okla-1919.

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