Thomas v. Reynolds

This is an appeal by Everett Lane Thomas from a final order of the district court entered in a proceeding on the probate of a will. The appeal is by petition in error and there is attached to the petition and made an exhibit a purported case-made which has never been settled by the trial court nor is there any stipulation of a settlement of the case-made.

A motion to'dismiss has been filed for the reason that the case-made has not been settled. The motion must be sustained.

This court has many times held that there has been no settlement of the case-made as required by 12 O. S. 1941 § 958, and…