GLENN v. McLEOD

GLENN v. McLEOD
1947 OK 291
187 P.2d 985
199 Okla. 511
Case Number: 33100
Decided: 10/14/1947
Supreme Court of Oklahoma

Syllabus

¶0 APPEAL AND ERROR - Nullity of case-made settled and signed by other than trial judge.
A case-made must be settled and signed by the judge who tried the case and where the case is tried by one judge and the case-made is settled and signed by another and no showing is made as to the inability of the judge who tried the case to settle the same, such case-made brings nothing to this court for review.

Appeal from District Court, Pottawatomie County; Clyde G. Pitman, Judge.

Action by Arvel E. Glenn against Viola McLeod et al. to quiet title. From an adverse judgment, plaintiff appeals. Dismissed.

Fred Davis and Odes Harwood, both of Oklahoma City, for plaintiff in error.

Reily, Reily & Spurr, of Shawnee, for defendants in error.

PER CURIAM.

¶1 This is an appeal from the judgment of the district court rendered on the 21st day of October, 1945, in an action wherein plaintiff sought to quiet title to certain real property. The issues of fact were tried before the Honorable Clyde G. Pitman, trial judge, who entered the judgment in the cause and also the order overruling the motion for new trial. The case-made was settled by Judge Kenneth Jarrett. The case-made attached to the petition in error was settled and signed without any certificate showing the inability of Judge Pitman to settle the same, and under the decisions of this court it has been many times held that such a case-made presents nothing to this court for review. Knox v. Krause, 140 Okla. 7, 282 P. 120; Incorporated Town of Guymon v. Triplett, 71 Okla. 298, 177 P. 570; Davis v. Lambard Hart Realty & Investment Co., 88 Okla. 301, 213 P. 78; Brown v. Marks, 45 Okla. 711, 146 P. 707; Arkansas Fertilizer Co. v. Brattin, 127 Okla. 9, 260 P. 43.

¶2 The cause cannot be reviewed on transcript, for, assuming the record is properly certified as a transcript, the order overruling the motion for new trial was entered on the 23rd day of October, 1946, and the appeal was not lodged in this court until six months thereafter. In such case, in order to review any alleged errors arising upon the transcript, it is necessary to file the cause within six months from the 21st day of October, 1946, the date on which the payment was rendered. See Richardson v. Beidleman, 33 Okla. 463, 126 P. 818.

¶3 The appeal is dismissed.

¶4 HURST, C.J., DAVISON, V.C.J., and RILEY, BAYLESS, WELCH, CORN, GIBSON, and LUTTRELL, JJ., concur.