FULCHER v. HOCKADAY

FULCHER v. HOCKADAY
1913 OK 303
132 P. 673
38 Okla. 156
Case Number: 4767
Decided: 05/13/1913
Supreme Court of Oklahoma

FULCHER et al.
v.
HOCKADAY.

Syllabus

¶0 APPEAL AND ERROR--Dismissal--Case-Made Settled in Parties' Absence. Syllabus same as first syllabus in Nat. Bank of Collinsville v. Daniels, 26 Okla. 383, 108 P. 748.

L. C. McLean, for plaintiffs in error.
F. L. Boynton, for defendant in error.

HAYES, C. J.

¶1 This appeal is by petition in error and case-made. The record fails to show that defendant in error was present either in person or by counsel at the settlement of the case-made, or that notice of the time and place of settlement was served upon him, or waived. A motion to dismiss upon this ground, as well as upon other grounds, some of which have merit, has been filed. The facts above stated alone require that the motion should be sustained. First National Bank of Collinsville v. Daniels, 26 Okla. 383, 108 P. 748.

¶2 All the Justices concur, except WILLIAMS, J., not participating.