BACKENSTOCH v. YOUNG

BACKENSTOCH v. YOUNG
1926 OK 637
248 P. 611
121 Okla. 156
Case Number: 15698
Decided: 07/27/1926
Supreme Court of Oklahoma

BACKENSTOCH
v.
YOUNG et al.

No. 15698

Appeal from Court of Common Pleas, Tulsa County; Robert D. Hudson, Judge.

Action between Otis J. Backenstoch and E. D. Young and others. From the judgment, the former appeals. Dismissed.

Syllabus

¶0 Appeal and Error--Necessity for Filing Case-Made by Clerk of Trial Court--Dismissal.
Under section 785, Compiled Oklahoma Statutes, 1921, the case-made is required to be filed and sealed by the clerk of the trial court, and when the case-made, attached to the petition in error, has not been filed in the court below, this court cannot accept jurisdiction of the appeal. There being no regularly filed case-made attached to the petition in error, the appeal is dismissed.

Owen, Yancey & Fist, for plaintiff in error.

James H. Sykes, for defendants in error.

PER CURIAM.

¶1 This cause is appealed from the court of common pleas of Tulsa county, and the defendants in error have filed their motion to dismiss the appeal for the reason that the case-made was not filed by the court clerk of the trial court with the other papers in the case, as required by section 785, Compiled Oklahoma Statutes, 1921.

¶2 Among other things, this section provides:

"* * * The case and amendments shall, upon three days' notice, be submitted to the judge, who shall settle and sign the same, and cause it to be attested by the clerk, and the seal of the court to be thereto attached. It shall then be filed with the papers in the case. * * *"