Peck v. Stephens
Supreme Court of Oklahoma
Error from District Court, Stephens County; Frank M. Bailey, Judge. Action between.P. H. Peck and Dan Stephens and others. From the judgment, Peck brings error.
1Opinion of the CourtDunn, J.
The sufficiency of the purported case-made in the above-entitled proceeding in error, to support the petition in error, is challenged in a motion to dismiss on the ground, among others, that neither the case-made nor a certified copy thereof was filed in the office of the clerk of the district court. The order from which the appeal was sought to be taken was rendered on the 1st day of April, 1912.
The motion must be sustained; the rule being that the case-made, or a copy thereof, must be filed with the papers in the case in the court below, or it is a nullity, and cannot be considered in this…
2Cases cited1 opinion
- Abbott v. RodgersSupreme Court of Oklahoma · 1912
3Cited by4 opinions
- Wyant v. BeaversSupreme Court of Oklahoma · 1915
- Canfield v. BellSupreme Court of Oklahoma · 1915
- Ledgerwood v. NealSupreme Court of Oklahoma · 1916
- Doolittle v. CurrentSupreme Court of Oklahoma · 1926