EOFF v. SEEKATZ

EOFF v. SEEKATZ
1929 OK 179
276 P. 741
136 Okla. 145
Case Number: 19375
Decided: 04/23/1929
Supreme Court of Oklahoma

EOFF et al.
v.
SEEKATZ.

Syllabus

¶0 1. Appeal and Error--Nullity of Case-Made Lacking Attestation of Clerk and Seal of Trial Court--Case-Made not Subject to Correction After Time for Appeal Expires.
A case-made which fails to show the attestation of the clerk of the trial court to the signature of the trial judge settling the case-made and the seal of the trial court affixed thereto is a nullity and brings nothing before this court for review. Held, further, that such case-made cannot be corrected in this respect after the expiration of the period for filing the appeal in this court.
2. Appeal and Error--Errors Occurring on Trial or Involving Motions not Presented in Appeal by Transcript.
An appeal by certified transcript presents only such errors as appear upon the judgment roll, and in order to present errors alleged to have occurred on the trial of the cause or errors involving motions, the record must be presented by bill of exceptions or case-made.

Error from Common Pleas Court, Tulsa County; Wm. Randolph, Judge.

Action between W. R. Eoff et al. and J. A. Seekatz. From an order of the trial court denying motion to vacate judgment and to quash writ of execution, plaintiffs in error appeal. Dismissed.

W. B. Richards, for plaintiffs in error.
A. B. Honnold, for defendant in error.

PER CURIAM.

¶1 This is an appeal from the order of the court of common pleas of Tulsa county made and entered on the 16th day of January, 1928, overruling a motion to vacate the judgment formerly rendered in said cause and to quash a writ of execution.

¶2 The record is presented as a case-made, and is also certified to by the clerk of the court as a transcript. An examination of the certificate of the trial judge settling and signing the record as a case-made shows the signature of the trial judge thereto is not attested by the clerk of the court and the seal of the court is not affixed thereto, and as a case-made it is a nullity, brings nothing before this court for review, and cannot be corrected in this respect after the expiration of the six months allowed by law in which to appeal. Campbell v. Williams, 104 Okla. 274, 231 P. 226; State ex rel. Gross v. American National Bank, 107 Okla. 265, 232 P. 52; Hillery v. Cox, 125 Okla. 124, 256 P. 915.