INSURANCE CO. OF NORTH AMERICA v. GISH BROOK & CO.

INSURANCE CO. OF NORTH AMERICA v. GISH BROOK & CO.
1909 OK 279
105 P. 672
25 Okla. 78
Case Number: 272
Decided: 11/09/1909
Supreme Court of Oklahoma

INSURANCE CO. OF NORTH AMERICA
v.
GISH, BROOK & CO.

Syllabus

¶0 APPEAL AND ERROR--Record--Statement as to Evidence--Review. Where a case-made upon appeal does not contain a statement that it contains all the evidence presented upon the trial, no error assigned which requires an examination and review of the evidence can be reviewed by this court.

Motion to set aside order of dismissal and reinstate case. Writ of error dismissed.

For former opinion, see

HAYES, J.

¶1 This case was before us on motion to dismiss at the May term of court, at which time a judgment of dismissal was entered. Insurance Company of North America v. Gish, Brook & Co.,

¶2 It is probable that, under section 1 of the act of the Legislature of 1905, entitled "An act for the correction of court records on appeal (Sess. Laws, 1905, p. 322, c. 28), this appeal should be neither dismissed nor the judgment of the trial court affirmed without giving plaintiff in error an opportunity to correct its case-made by supplying the omitted statement under the direction of the trial judge if such right had not been waived. Plaintiff in error has heretofore been granted permission to correct its case-made, and the last correction was made under a written agreement of counsel filed in the cause stipulating that no further amendments of the record in the case, except as to such matters as appear of record in the trial court, shall be made. From this agreement it appears that counsel have stipulated that the case should be submitted and determined upon the record as it now exists, except as to such amendments as could be made from the record in the trial court.

¶3 Since none of the errors urged for reversal can be reviewed upon the record in its present condition, the case will be dismissed.

¶4 All the Justices concur.