WALTHAM PIANO CO. v. WOLCOTT

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WALTHAM PIANO CO. v. WOLCOTT
1913 OK 549
135 P. 339
38 Okla. 770
Case Number: 4076
Decided: 09/22/1913
Supreme Court of Oklahoma

WALTHAM PIANO CO.
v.
WOLCOTT.

Syllabus

¶0 APPEAL AND ERROR--Record--Inclusion of Evidence--Conclusiveness of Recital. Where the case-made fails to contain all the evidence, the appeal will be distained, where the errors relied on for reversal involve a consideration of the evidence, and that, too, although the case-made recites, in effect,that it contains all the evidence.

E. H. Bispham, Jno. H. Mosier, Rush Greenslade, and Harry C. Dodson, for plaintiff in error.

Beall & Neff, for defendant in error.

TURNER, J.

¶1 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 P. 894; Ragains v. Geiser Mfg. Co., 10 Okla. 544, 63 P. 687; Arnold v. Moss, 27 Okla. 524, 112 P. 995; Pierce v. Engelkemeier, 10 Okla. 308, 61 P. 1047; Citizens' Bank & Trust Co. v. Dill, 30 Okla. 1, 118 P. 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.

¶2 All the Justices concur.