Waltham Piano Co. v. Wolcott

1913 OK 549, 135 P. 339, 38 Okla. 770, 1913 Okla. LEXIS 436

• Court: Supreme Court of Oklahoma
• Decided: September 22, 1913
• Docket: 4076
• Status: Published

Opinion

TURNER, J.

As an investigation of the case-made discloses that certain letters evidencing the contract upon which defendant recovered in the trial court are omitted therefrom, and the briefs of plaintiff in error disclose that the errors relied upon for reversal cannot be passed upon without a consideration of the evidence, the motion to dismiss is sustained, and that, too, although the case-made recites that it contains “all the evidence offered, introduced, or received upon the trial.” Anderst v. Atchison, T. & S. F. Ry. Co., 19 Okla. 206, 91 Pac. 894; Ragains v. Geiser Mfg. Co., 10 Okla. 544, 63 Pac. 687; Arnold v. Moss, 27 Okla. 524, 112 Pac. 995; Pierce v. Engelkeimeier, 10 Okla. 308, 61 Pac. 1047; Citizens' Bank & Trust Co. v. Dill, 30 Okla. 1, 118 Pac. 374.

Although this second motion to dismiss was served and subsequently filed, January 13, 1913, the same has received no response from plaintiff in error. Dismissed.

All the Justices concur.