Gordon Et Ux. v. Allen
Supreme Court of Oklahoma
Error from County Court, Gh'ady County; N. M. Williams, Judge. Action by J. T. Allen against M. V. Gordon and wife. Judgment for plaintiff, and' defendants bring error.
1Opinion of the Court
Opinion by
BRETT, C.
This cause comes up on motion of defendant in error to dismiss appeal. The record contains no notice of the time and place of signing and settling of case-made, and no waiver of the'same. It does not appear that the defendant in error was present or represented by counsel at the time case-made was signed and settled, and no amendments were suggested by him. It is well settled in this jurisdiction that the record must show either notice of the time and place of the signing and settling of a case-made, or a waiver of the same, otherwise the case-made is held to be a nullity.…
2Cases cited6 opinions
- Thompson v. FultonSupreme Court of Oklahoma · 1911
- Ft. Smith & W. R. v. State Nat. Bank of ShawneeSupreme Court of Oklahoma · 1909
- Martindale v. ShahaSupreme Court of Oklahoma · 1915
- Harrison v. PennySupreme Court of Oklahoma · 1911
- Wood v. JonesSupreme Court of Oklahoma · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Globe Surety Co. v. First State Bank of HewettSupreme Court of Oklahoma · 1916
- Allen v. DillardSupreme Court of Oklahoma · 1916