Courtney v. Moore
Supreme Court of Oklahoma
Error from District Court, Craig County; Preston S. Davis, Judge. Action by J. L. Courtney against W. L. Moore and others. Judgment for defendants, and pjainitiff brings error. On motion to dismiss. The defendants in error move to dismiss the appeal on the following grounds: “(1) There is no,judgment from which the plaintiff in error, plaintiff in the lower court, can appeal.
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Error from District Court, Craig County; Preston S. Davis, Judge. Action by J. L. Courtney against W. L. Moore and others. Judgment for defendants, and pjainitiff brings error. On motion to dismiss. The defendants in error move to dismiss the appeal on the following grounds: “(1) There is no,judgment from which the plaintiff in error, plaintiff in the lower court, can appeal. “(2) There is no order'of court allowing an appeal, and plaintiff in error did not ask for and obtain an order for an appeal, but only to make and serve a case-made. “(3) That the case-made was not served within the time…
1Opinion of the Court
Opinion by
DEVEREUX, C.
(after stating the facts as above). We will proceed to consider the grounds of the motion in their order.
That theré is no judgment set out in the case-made: That it is necessary that a copy of the final judgment appealed from should be set out in the case-made is well settled. In Gardenhire v. Burdick, 7 Okla. 212, 54 Pac. 483, it is said:
“This purports to be an appeal from a judgment of the district court of Payne county. The record consists of a case-made regularly served, signed, authenticated, and 'filed. The case-made contains no copy of the judgment or final order…
2Cases cited19 opinions
- Bettis v. CargileSupreme Court of Oklahoma · 1909
- Cummings v. TateSupreme Court of Oklahoma · 1915
- Randall v. WadsworthSupreme Court of Alabama · 1900
- Reed v. Wolcott, GuardianSupreme Court of Oklahoma · 1914
- Sproat v. DurlandSupreme Court of Oklahoma · 1898
14 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Lillard v. MeisbergerSupreme Court of Oklahoma · 1925
- Rhodes v. LamarSupreme Court of Oklahoma · 1930
- Werfelman v. MillerSupreme Court of Oklahoma · 1937
- Bigpond v. DavisSupreme Court of Oklahoma · 1926
- Apple v. American National BankSupreme Court of Oklahoma · 1924
6 more not listed; retrieve them via the Exa API.