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In re Colling's Guardianship

In re Colling's Guardianship, 1914 OK 177, 140 P. 141
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Court
Supreme Court of Oklahoma · State Highest Courts
Decided
April 7, 1914
Docket
No. 5838
Judges
Russell
Citations
140 P. 1411914 OK 17740 Okla. 6291914 Okla. LEXIS 110
Disposition
Dismissed.
Syllabus
APPEAL AND ERROR — -Presentation for Review — Evidence. Where a consideration of the assignments of error requires an examination of the evidence, and the case-made does not disclose the evidence introduced at the trial, or does not show all of the evidence, no questions for review are presented by such assignments, and the appeal will be dismissed. (Syllabus by the Court.)
Summary
Error from District Court, Muskogee County; R. P. deGraffewried, Judge. In the matter of the Guardianship, of Malinda Colling, a minor. Jane Howard was appointed guardian in the place of Elijah Mucker, and a final accounting rendered by Mucker. From an order changing the account to show a balance due the minor, Mucker appeals.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Russell

RUSSELL, J.

An investigation of this record discloses that the plaintiff in error’s third, fourth, fifth, sixth, seventh, and eighth assignments of error require an examination of the evi *630 dence introduced at the trial in the court below, and as the case-made does not contain any of the evidence itpon said matters in the court below the appeal is dismissed.

Graham et al. v. Atwood, 41 Okla. --, 136 Pac. 1080 , and authorities there cited;

Waltham Piano Co. v. Wolcott, 38 Okla. 770 , 135 Pac. 339 , and authorities there cited.

All the justices concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1914: 11917: 11926: 119142026peak 1914 · 1

Relies on it most ⓘ

  1. Haggerty v. Terwilliger1917 OK 588, 169 P. 872
  2. In re Laing1914 OK 476, 143 P. 665
  3. Marlin v. Williams1926 OK 358, 246 P. 447

Most recent

  1. Marlin v. Williams1926 OK 358, 246 P. 447
  2. Haggerty v. Terwilliger1917 OK 588, 169 P. 872
  3. In re Laing1914 OK 476, 143 P. 665

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Waltham Piano Co. v. Wolcott, 1913 OK 549, 135 P. 339 5
Graham v. Atwood, 1913 OK 691, 136 P. 1080 2

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