CANFIELD v. BELL

CANFIELD v. BELL
1915 OK 480
149 P. 1088
47 Okla. 622
Case Number: 4841
Decided: 06/15/1915
Supreme Court of Oklahoma

CANFIELD et al.
v.
BELL et al.

Syllabus

¶0 APPEAL AND ERROR--Case-Made--Failure to File and Certify--Dismissal. Where the purported case-made was not filed in the office of the clerk of the court in which the trial was had, and same is not properly certified as a transcript of the record, the appeal will be dismissed.

Error from County Court, Pawnee County; Fred S. Liscum, Judge.

Action between H. C. Canfield and others and James Bell and others. From the judgment the parties first mentioned bring error. Dismissed.

McNeill & McNeill, for plaintiffs in error.
Redmond S. Cole, for defendants in error.

HARDY, J.

¶1 This case comes on upon motion to dismiss appeal, because: (1) The case-made was not filed in the court below; (2) the certificate of the judge who tried the case was never attested by the clerk of the county court; and (3) the certificate of the alleged case-made does not affirmatively show that it contains a full, true, and correct transcript of the record in said cause.

¶2 It does not appear that the case-made was ever filed in the office of the clerk of the trial court, as required by section 5242, Rev. Laws 1910, and, in the absence of a request for leave to withdraw case-made and file same as required by said statute, it will be stricken from the files of this court; and, not being properly certified as a transcript, the petition in error is dismissed. Abbott .v Rodgers, 35 Okla. 189, 128 P. 908; Peck v. Stephens, 35 Okla. 468, 130 P. 276; Montemat v. Johnson, 42 Okla. 443, 141 P. 779.

¶3 All the Justices concur.