Stewart v. Stephens

The order overruling the motion for new trial in the case at bar was entered on the 13th day of April, 1944, and on October 13, 1944, the petition in error with case-made attached was filed herein. The defendants in error have filed a motion to dismiss because the case-made was neither attested by the court clerk after being settled and signed by the judge nor filed with the papers in the case as provided by 12 O. S. 1941 § 958. The plaintiffs in error requested permission of this court and obtained leave to withdraw the case-made to show that through inadvertence and mistake the court clerk…