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Bank of Stilwell v. Morris

Bank of Stilwell v. Morris, 1914 OK 53, 138 P. 790
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Court
Supreme Court of Oklahoma · State Highest Courts
Decided
February 10, 1914
Docket
No. 3650
Judges
Galbraith
Citations
138 P. 7901914 OK 5341 Okla. 4291914 Okla. LEXIS 157
Disposition
Dismissed.
Cited by 4
Syllabus
APPEAL AND ERROR — Case-Made—Review of Errors. Under section 5242, Rev. Laws 1910, the case-made, after being settled by the trial judge in the manner provided in said statute, must then “be filed with the papers in the case,-’ and unless so filed errors assigned requiring an examination of exceptions set out in the case-made cannot be reviewed in this court, and the appeal will be dismissed. (Syllabus by Galbraith, 0.)
Summary
Error from County Court, Adair County; W. A. Corley, Judge. Action by Mary J. Morris against the Bank of Stilwell and another for failure to pay check on presentation. From a judgment for the plaintiff, the defendant named brings error.

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

Opinion of the Court — Galbraith

Opinion by GALBRAITH, C.

This is an appeal by petition in error and case-made. The record, however, presents no question to this court for review, for the reason that the case-made was not “filed with the papers in the case” in the trial court as required by section 5243, Rev. Laws 1910. This requirement is jurisdictional, and a compliance therewith is necessary to give this court power to- review the errors assigned.

Graham et al. v. Atwood, ante, 136 Pac. 1080 .

The petition in error was filed in this court January 30, 1912. The time for correcting a defect of this character has expired by limitation.

The appeal should therefore be dismissed.

By the Court: It is so ordered.

How later courts describe this case

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

Cited by 4 cases

View all citing references →
1992: 11993: 11994: 219922026peak 1994 · 2

Relies on it most ⓘ

  1. Weeks v. Cessna Aircraft Co.1994 OK CIV APP 171, 895 P.2d 731
  2. Ouellette v. State Farm Mutual Automobile Insurance Co.1994 OK 79, 918 P.2d 1363
  3. Weavel v. United States Fidelity & Guaranty Co.1992 OK CIV APP 177, 852 P.2d 783
  4. Weavel v. United States Fidelity & Guaranty Co.1993 OK CIV APP 4, 848 P.2d 54

Most recent

  1. Weeks v. Cessna Aircraft Co.1994 OK CIV APP 171, 895 P.2d 731
  2. Ouellette v. State Farm Mutual Automobile Insurance Co.1994 OK 79, 918 P.2d 1363
  3. Weavel v. United States Fidelity & Guaranty Co.1993 OK CIV APP 4, 848 P.2d 54
  4. Weavel v. United States Fidelity & Guaranty Co.1992 OK CIV APP 177, 852 P.2d 783

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 0

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