Legal Opinion

Pain v. Wylie

Supreme Court of Oklahoma

Decided February 11, 1913No. 4358PublishedCited by 2 opinions

Error from District Court, Kingfisher County; James W. Steen, Judge'. Action between G. S. Pain and others and R. W. Wylie and others. From the judgment, G. S. Pain and others bring error.

1Opinion of the CourtHayes, C. J.

The proceeding in error in this case is prosecuted by petition in error and case-made. It does not appear from the record or otherwise that defendants in error were present, either in person or by counsel, at the settlement of the case-made, or that notice of the time and place of settlement was ever served upon or waived by defendants in error, or whether any amendments were suggested, and if any were suggested, what amendments were allowed or disallowed. Under this condition of the record, the case-made must be treated as a nullity and the cause dismissed. First Nat. Bank of Collinsville v.…

2Cases cited5 opinions

  1. First Nat. Bank of Collinsville v. DanielsSupreme Court of Oklahoma · 1910
  2. Lister v. WilliamsSupreme Court of Oklahoma · 1911
  3. J. K. Cobb & Co. v. HancockSupreme Court of Oklahoma · 1911
  4. Jones v. JonesSupreme Court of Oklahoma · 1913
  5. Richardson v. ThompsonSupreme Court of Oklahoma · 1912

3Cited by2 opinions

  1. State v. CoyleCourt of Criminal Appeals of Oklahoma · 1915
  2. Foral v. BogleSupreme Court of Oklahoma · 1915

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