Ford v. McIntosh
Supreme Court of Oklahoma
Error from the United States Court for the Western District of the Indian Territory at Muslcog.ee; Wm. B. Lawrence, Judge. Application of Susie Ford for the removal of Jackson McIntosh, guardian of Samuel M. McIntosh, and another. From an order returning the children to the custody of the plaintiff and retaining defendant as guardian, plaintiff brings error.
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Error from the United States Court for the Western District of the Indian Territory at Muslcog.ee; Wm. B. Lawrence, Judge. Application of Susie Ford for the removal of Jackson McIntosh, guardian of Samuel M. McIntosh, and another. From an order returning the children to the custody of the plaintiff and retaining defendant as guardian, plaintiff brings error. On the 7th of March, 1906, defendant in error, defendant below, filed his petition in the United States court for the Western district of the Indian Territory at Muskogee for appointment as guardian of his two minor children, Nancy…
1Opinion of the Court
Hates, J..(after stating the facts as above). The record in this case contains no copy of the judgment rendered in the trial court, and fails to disclose that any judgment was entered. That the record must show the rendition and entry in the lower court of the judgment, decree, or order appealed from is jurisdictional, and, where the record fails to contain a copy of the final judgment or order of the lower court from which appeal is taken, the appeal should be dismissed. Gardenhire v. Burdick, 7 Okla. 212, 54 Pac. 483; Sproat v. Durland, 7 Okla. 230, 54 Pac. 458; 2 Cyc. 1029. and authorities…
2Cases cited6 opinions
- Gray v. SingerIndiana Supreme Court · 1894
- Sproat v. DurlandSupreme Court of Oklahoma · 1898
- Clarke v. McDadeSupreme Court of the United States · 1897
- Gardenhire v. BurdickSupreme Court of Oklahoma · 1898
- In re SpencerSupreme Court of Missouri · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Lillard v. MeisbergerSupreme Court of Oklahoma · 1925
- Mobley v. Chicago, R. I. & P. Ry. Co.Supreme Court of Oklahoma · 1914
- Bigpond v. DavisSupreme Court of Oklahoma · 1926
- Morris v. CaulkSupreme Court of Oklahoma · 1914
- Courtney v. MooreSupreme Court of Oklahoma · 1915
7 more not listed; retrieve them via the Exa API.