Legal Opinion
Upton v. American Trust Co. of Purcell
Supreme Court of Oklahoma
Decided March 12, 1912No. 2150PublishedCited by 9 opinions
Error from Superior Court, Pottawatomie County; George C. Abernathy, Judge. Action between Alexander Upton and the American Trust Company of Purcell. From the judgment, Upton brings error.
1Opinion of the CourtPiayes, J.
This appeal is attempted to be prosecuted by-petition in error and case-made. The purported case-made contains a certificate of the clerk certifying that it is correct; but it fails to show that it was ever settled or signed by the judge by vldiom the cause was tried. Section 6074, Comp. Laws 1909, provides : •
“The case and amendments shall be submitted to the judge who shall settle and sign the same, and cause it to be attested by the clerk, and the seal of the court to be thereto attached. It shall then be filed with the papers in the case.”
The foregoing statute requires that the judge…
2Cases cited4 opinions
- United States, Ex Rel. v. C., O. G. R. R. Co.Supreme Court of Oklahoma · 1895
- Oligschlager v. GrellSupreme Court of Oklahoma · 1904
- Allen v. KruegerSupreme Court of Kansas · 1881
- Couse v. PhelpsSupreme Court of Kansas · 1873
3Cited by9 opinions
- Brown v. MarksSupreme Court of Oklahoma · 1915
- City of Shawnee v. State Pub. Co.Supreme Court of Oklahoma · 1912
- Hall v. Phoenix Ins. Co.Supreme Court of Oklahoma · 1921
- Lyde v. StateCourt of Criminal Appeals of Oklahoma · 1920
- Shepherd v. HerndonSupreme Court of Oklahoma · 1965
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