Tarpenning v. Compton

Supreme Court of Oklahoma

Tarpenning v. Compton

1915 OK 606, 151 P. 681, 51 Okla. 41, 1915 Okla. LEXIS 928

Supreme Court of Oklahoma·Decided September 7, 1915·No. 4881·Published

Opinion

*42 Opinion By

CROW, C.

The record in this cause fails to show that the case-made was filed in the trial court. For this reason the appeal must be dismissed. Plaintiffs in error fail to assign as error the overruling of their motion for new trial in the court below, and, it being necessary to review the evidence in order to consider the appeal, this of itself would justify a dismissal. However, the first reason given herein necessitates a dismissal of the appeal.

We recommend that the appeal be dismissed.

By the Court: It is so ordered.

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*42 Opinion By

CROW, C.

The record in this cause fails to show that the case-made was filed in the trial court. For this reason the appeal must be dismissed. Plaintiffs in error fail to assign as error the overruling of their motion for new trial in the court below, and, it being necessary to review the evidence in order to consider the appeal, this of itself would justify a dismissal. However, the first reason given herein necessitates a dismissal of the appeal.

We recommend that the appeal be dismissed.

By the Court: It is so ordered.

Tarpenning v. Compton, 1915 OK 606, 151 P. 681, 51 Okla. 41, 1915 Okla. LEXIS 928 (Okla. 1915).

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