TINKER v. SCHARNHORST

TINKER v. SCHARNHORST
1925 OK 1031
242 P. 1041
114 Okla. 27
Case Number: 16538
Decided: 12/22/1925
Supreme Court of Oklahoma

TINKER
v.
SCHARNHORST.

Syllabus

¶0 Appeal and Error--Necessity for Petition in Error.
The filing of a purported case-made in the Supreme Court institutes no action therein, in the absence of a petition in error, required by section 782, Comp. St. 1921.

Humphrey & Spence, for plaintiff in error.
Hiller & Jacobson, for defendant in error.

NICHOLSON, C. J.

¶1 This cause is before us on motion of the defendant in error to dismiss the appeal. On June 26, 1925, there was filed in the office of the clerk of the court what purports to be a case-made, entitled as above, but no petition in error has been filed, as required by section 782, C. O. S. 1921. Therefore, no action has been instituted in this court. McMasters v. English, 26 Okla. 818, 110 P. 1070; Dill v. Marks, 53 Okla. 142, 155 P. 521; Sterling v. Boucher, 79 Okla. 32, 190 P. 1090.

¶2 The appeal is dismissed.