Thompson v. Brown

Supreme Court of Oklahoma

Thompson v. Brown

1914 OK 662, 145 P. 343, 45 Okla. 139, 1914 Okla. LEXIS 250

CourtSupreme Court of Oklahoma

DecidedDecember 22, 1914

Docket6598

StatusPublished

This text of 1914 OK 662 (Thompson v. Brown) 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

Thompson v. Brown, 1914 OK 662, 145 P. 343, 45 Okla. 139, 1914 Okla. LEXIS 250 (Okla. 1914).

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Opinion

BLEAKMORE, J.

This case presents error from the county court of Stephens county. The parties appear here as in the court below.

*140 On September 15, 1913, judgment was rendered dismissing the cause for want of prosecution. On-December 6, 1913, plaintiff moved the court to vacate said judgment and reinstate the action,, which motion was on January 6, 1914, overruled.

The proceeding is here upon a purported transcript of the record. The assignments of error go only to the action of the trial court in overruling the motion to vacate the judgment dismissing the cause. Defendant in error moves to dismiss this proceeding for the reason that the record presents no error the subject of review. The ruling of a trial court upon motion cannot be reviewed here, unless made a part of the record by bill of exceptions or case-made. Putnam et al. v. Western Bank Supply Co., 38 Okla. 152, 132 Pac. 483; Cable v. Myers, 43 Okla. 302, 142 Pac. 1114.

The case is therefore dismissed.

All the Justices concur, except KANE, C. J., absent and not participating.

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BLEAKMORE, J.

This case presents error from the county court of Stephens county. The parties appear here as in the court below.

*140 On September 15, 1913, judgment was rendered dismissing the cause for want of prosecution. On-December 6, 1913, plaintiff moved the court to vacate said judgment and reinstate the action,, which motion was on January 6, 1914, overruled.

The proceeding is here upon a purported transcript of the record. The assignments of error go only to the action of the trial court in overruling the motion to vacate the judgment dismissing the cause. Defendant in error moves to dismiss this proceeding for the reason that the record presents no error the subject of review. The ruling of a trial court upon motion cannot be reviewed here, unless made a part of the record by bill of exceptions or case-made. Putnam et al. v. Western Bank Supply Co., 38 Okla. 152, 132 Pac. 483; Cable v. Myers, 43 Okla. 302, 142 Pac. 1114.

The case is therefore dismissed.

All the Justices concur, except KANE, C. J., absent and not participating.

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Bluebook (online)

1914 OK 662, 145 P. 343, 45 Okla. 139, 1914 Okla. LEXIS 250, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-brown-okla-1914.

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