Legal Opinion

Cummings v. Tate

Supreme Court of Oklahoma

Decided March 16, 1915No. 6974PublishedCited by 25 opinions

Error from District Court, Kingfisher County; ■ James W. Steen, Judge. Action between C. L. Cummings and M. M. Tate and others. From the judgment, Cummings brings error.

1Opinion of the CourtKane, C. J.

This cause comes on to be heard upon a motion to dismiss, filed by the defendants in error, upon the ground that the case-made is void because it was settled and certified by the trial judge in the absence of the defendants in error, or their attorneys, and without their consent, prior to the expiration of the time granted said .defendants in error to suggest amendments thereto.

The motion seems to be well taken. The record shows that on the 9th day of May, 1914, the motion for new trial was filed; that on the 16th day of May, 1914, said motion for new trial was overruled, the losing party…

2Cases cited2 opinions

  1. M. K. & T. Railway Co. v. City of Fort ScottSupreme Court of Kansas · 1875
  2. Reed v. Wolcott, GuardianSupreme Court of Oklahoma · 1914

3Cited by25 opinions

  1. Hudgens v. State Ex Rel. Mills, Co. AttorneySupreme Court of Oklahoma · 1922
  2. Southwestern Surety Ins. Co. v. DietrichSupreme Court of Oklahoma · 1918
  3. Frey v. McCuneSupreme Court of Oklahoma · 1915
  4. Chestnut v. OverholserSupreme Court of Oklahoma · 1919
  5. Courtney v. MooreSupreme Court of Oklahoma · 1915

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