OIL FIELDS & S. F. R. CO. v. WHEELER.

OIL FIELDS & S. F. R. CO. v. WHEELER.
1919 OK 51
180 P. 868
75 Okla. 9
Case Number: 10301
Decided: 02/11/1919
Supreme Court of Oklahoma

OIL FIELDS & S. F. R. CO.
v.
WHEELER.

Syllabus

Error from District Court, Payne County; William Bowles, Judge.

Action between the Oil Fields & Santa Fe Railway Company and F. M. Wheeler. Judgment for the latter, and the former brings error. Dismissed.

Robt. A. Lowry, for plaintiff in error.
J. W. Reece, for defendant in error.

KANE, J.

¶1 This cause came on to be heard upon the motion to dismiss filed by defendant in error upon the following grounds:

(1) That the case-made has never been signed by the judge of the court.

(2) That the attempted case-made and record has never been filed in the district court of Payne county, Okla.

(3) That the attempted case-made and record has never been signed or attested by the clerk.

¶2 These are sufficient grounds for dismissing the appeal, and, as the motion to dismiss appears to have been served upon counsel for the plaintiff in error, and no response has been filed thereto, we will assume that it correctly states the condition of the record.

¶3 For the reasons stated, the motion to dismiss appeal is sustained.