KELLY v. TREADWAY

KELLY v. TREADWAY
1928 OK 720
272 P. 454
134 Okla. 138
Case Number: 19785
Decided: 12/11/1928
Supreme Court of Oklahoma

KELLY
v.
TREADWAY et al.

Syllabus

¶0 Appeal and Error--Nullity of Case-Made Where not Served on All Adverse Parties.
Where a reversal is sought upon a case made, such case-made, or a copy thereof must be served upon each of the adverse parties or his attorney. Failure to serve case-made upon one of such parties who might be prejudicially affected by a modification or reversal of the judgment renders such case-made a nullity, and nothing is brought to this court for review.

Error from District Court, Kay County; Claude Duval, Judge.

Action between R. B. Kelly and M. A. Treadway et al. From the judgment, the former brings error. Dismissed.

T. G. Wiley and R. E. Angle, for plaintiff in error.
P. C. Simons, P. E. Brown, and S. H. King, for defendants in error.

PER CURIAM.

¶1 This is an appeal from the judgment of the district court of Kay county, in favor of the defendants in error, rendered on the 17th day of March, 1928. The motion for new trial was overruled on the 2nd day of April, 1928. The appeal is by petition in error with case-made attached. The case-made so filed shows the same was served upon the defendant in error J. E. Curran personally; no service thereof was made upon either of the defendants in error M. A. Treadway or Ollie Treadway or their attorneys of record.

¶2 The judgment from which this appeal is taken is a joint judgment in favor of all of the defendants in error, each of whose interest will be prejudicially affected by a modification or reversal of the judgment; therefore each is a necessary party to this appeal.