Rutter v. Dunlap

This is an appeal by petition in error and case-made which was filed in this court October 4, 1944.

The case-made was settled and signed by the trial court on the 4th day of October, 1944. It was served on the 7th day of September, 1944, but the record discloses that there was no service of a notice of settlement of the case-made.

In Pink v. McGuire, 187 Okla. 629, 105 P. 2d 229, we held:

“A case-made settled and signed without notice to the opposing party of the time and place of settling and signing the same, and without the appearance of such party or parties, and without their waiver of such…