Garrett v. Watson

I concur in the result but dissent to the law announced in the majority opinion.

As to the motion to dismiss, it is my opinion that it should be denied for the reason that the record shows plaintiffs did in fact give notice of their intention to proceed on the original record. On the date notice of intention to appeal was filed, plaintiffs filed an instrument styled, “Designation of the Record”, wherein the clerk was requested to prepare, bind and certify the original record, and to file same in the Supreme Court of the State of Oklahoma when ordered by the court, pursuant to 12 O.S.1957 Supp.…