WERFELMAN v. MILLER

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WERFELMAN v. MILLER
1937 OK 732
68 P.2d 819
180 Okl. 267
Decided: 05/18/1937

WERFELMAN
v.
MILLER.

Syllabus by the Court

¶0 Where a judgment is entered upon the pleadings and the opening statement of counsel, a motion for new trial is unauthorized and unnecessary in order to review the errors occurring at such proceedings, and the filing and determination serves no purpose to extend the time in which to make and serve a case-made.

Jean R. Reed and Fred W. Martin, both of Wagoner, for plaintiff in error.
Watts & Watts, of Wagoner, for defendant in error.

PER CURIAM.

¶1 On July 27, 1935, the court entered a judgment on the pleadings and the opening statement of counsel. The corrected journal entry of judgment at the time fails to provide any additional time in which to make and serve case-made. The cause must be dismissed.

¶2 Plaintiff in error urges that the trial court was without power to correct the order formerly made by nunc pro tunc order. This court has many times decided that the trial court has power to correct, nunc pro tunc, its orders or judgments to make them speak the truth. In Re McQuown,

¶3 This court has full power to correct by any method it sees fit the record or case-made filed in this court. Section 535, O.S.1931 (12 Okla.St.Ann. § 959). The trial judge acts as special master for this court for the correction of the record filed in this court. If the correction of the record of the trial court is by nunc pro tunc order to correct a matter of record in the trial court only, or not of record in the trial court, the trial judge has exclusive jurisdiction to make that correction. Bettis v. Cargile,

¶4 The record as corrected shows that at the time the judgment was entered the defendant did not take any additional time in which to make and serve his case-made. Under the provisions of section 534, O.S. 1931 (12 Okla.St.Ann. § 958), a case-made must be served within 15 days or some legal extension made within such time. The record is not certified as a transcript and the errors are such as can only be presented by case-made.

¶5 The cause is dismissed.

¶6 OSBORN, C. J., BAYLESS, V. C. J., and BUSBY, WELCH, PHELPS, CORN, GIBSON, and HURST, JJ., concur.