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Tracy v. Dennis

TRACY Et Al. v. DENNIS

Tracy v. Dennis, 1915 OK 4, 145 P. 772
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Court
Supreme Court of Oklahoma · State Highest Courts
Decided
January 5, 1915
Docket
No. 6547
Judges
Riddle
Citations
145 P. 7721915 OK 445 Okla. 2081914 Okla. LEXIS 259
Disposition
Dismissed.
Cited by 4
Syllabus
APPEAL AND ERROR — Settlement of Case-Made — Notice. Where no notice of the time of settlement of a case-made is given or. waived, and there is no appearance of the opposite party either in person or by counsel, a case-made so settled is a nullity, and no jurisdiction is vested in this court to decide any question arising thereon. (Syllabus by the Court.)
Summary
Error from County Court, Creek County; Warren N. Brown, Judge. Action between Joe Tracy and another and J. M. Dennis. From the judgment, the parties first mentioned bring 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 — Riddle

RIDDLE, J.

Motion is filed to- dismiss this appeal, on the ground that no notice was given of the time and place of allow *209 ing and settling tbe ease-xnade, and that same was allowed and settled without notice to defendant in error; that defendant in error made no appearance or suggestion of amendments, nor did he otherwise waive notice or a right to be present at the time said case-made was settled. Plaintiffs in error concede the existence of this state of facts. The motion to dismiss is sustained.

Moore v. Howard Mer. Co., 40 Okla. 491 , 139 Pac. 524 .

Wyant v. Wheeler, 38 Okla. 68 , 132 Pac. 137 .

All the Justices concur.

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 →
1915: 11916: 11923: 11929: 119152026peak 1915 · 1

Relies on it most ⓘ

  1. Ranney-Davis Mercantile Co. v. Morris1923 OK 20, 211 P. 1044
  2. Southwestern Surety Ins. Co. v. Going1915 OK 522, 150 P. 488
  3. Hubbard v. Meek160 P. 1128 (Okla. 1916)
  4. Langley v. Albert1929 OK 275, 282 P. 608

Most recent

  1. Langley v. Albert1929 OK 275, 282 P. 608
  2. Ranney-Davis Mercantile Co. v. Morris1923 OK 20, 211 P. 1044
  3. Hubbard v. Meek160 P. 1128 (Okla. 1916)
  4. Southwestern Surety Ins. Co. v. Going1915 OK 522, 150 P. 488

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
Moore v. Howard Mercantile Co., 1914 OK 123, 139 P. 524 13
Wyant v. Wheeler, 1913 OK 270, 132 P. 137 9

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