Upton v. American Trust Co. of Purcell

1912 OK 233, 122 P. 159, 31 Okla. 456, 1912 Okla. LEXIS 74

Opinion

PIAYES, J.

This appeal is attempted to be prosecuted by-petition in error and case-made. The purported case-made contains a certificate of the clerk certifying that it is correct; but it fails to show that it was ever settled or signed by the judge by vldiom the cause was tried. Section 6074, Comp. Laws 1909, provides : •

“The case and amendments shall be submitted to the judge who shall settle and sign the same, and cause it to be attested by the clerk, and the seal of the court to be thereto attached. It shall then be filed with the papers in the case.”

The foregoing statute requires that the judge settle and sign the case-made. Oligschlager v. Grell, 13 Okla. 632, 75 Pac. 1131. If the case-made has not been settled and signed by the judge, the certificate óf the clerk is insufficient to constitute a valid case-made. United States ex rel. v. C. O. & G. R. R. Co., 3 Okla. 404, 41 Pac. 729; Allen v. Krueger et al., 25 Kan. 75; Couse v. Phelps, 11 Kan. 456. It follows that the purported case-made filed in this proceeding is void, and nothing is presented by it to the court for review, and the cause is dismissed.

All the Justices concur.