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Jacobs v. Willie

Jacobs v. Willie, 150 P. 709 (Okla. 1915)
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Court
Supreme Court of Oklahoma · State Highest Courts
Decided
July 13, 1915
Docket
No. 5873
Judges
Sharp
Citations
150 P. 70947 Okla. 7851915 Okla. LEXIS 225
Disposition
Dismissed.
Cited by 5
Syllabus
1. APPEAL AND ERROR — Presentation for Review — Errors Occurring on Trial. Errors alleged to bave occurred on tbe trial of a cause cannot be presented to tbis court in tbe absence of a bill of exceptions or case-made. 2. SAME. The rulings of tbe trial court on tbe admission or - rejection of evidence, the giving or refusal of instructions, tbe overruling of a motion for a new trial, and the exceptions taken, are not a part of tbe record proper, and can be presented for review on appeal only by incorporating tbe same into a bill of exceptions or case-made. (Syllabus by tbe Court.)
Summary
Error from Superior Court, Oklahoma County; Edward Dewes Oldfield, Judge. Action by Louie Jacobs against Bessie Willie. Judgment for defendant, and plaintiff 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 — Sharp

SHARP, J.

The appeal in this case is by transcript of the record. A motion to dismiss the appeal has been filed, to which plaintiff in error has made no answer. All of the alleged errors contained in the petition in error occurred at and during the trial, and cannot, therefore, be presented for the consideration of this court by transcript, but must be brought to its attention, if at all, by means of a case-made or bill of exceptions.

Simpson v. Henderson-Sturges Piano Co., 31 Okla. 623 , 122 Pac. 174 ;

Stonebraker-Zea Cattle Co. v. Hilton, 34 Okla. 225 , 124 Pac. 1062 ;

Laborn et al. v. Stephens et al., ante, 147 Pac. 152 .

The appeal is, accordingly, dismissed.

All the Justices concur.

How later courts describe this case

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

Cited by 5 cases

View all citing references →
1915: 11916: 21919: 11923: 119152026peak 1916 · 2

Relies on it most ⓘ

  1. Davis v. De Geer1923 OK 390, 216 P. 156
  2. In re Combs' Estate1916 OK 1019, 161 P. 801
  3. Billington v. Grayson1916 OK 687, 158 P. 433
  4. Bilby v. Cathcart1915 OK 640, 151 P. 688
  5. Lawton Grain Co. v. Brunswig1919 OK 83, 179 P. 465

Most recent

  1. Davis v. De Geer1923 OK 390, 216 P. 156
  2. Lawton Grain Co. v. Brunswig1919 OK 83, 179 P. 465
  3. In re Combs' Estate1916 OK 1019, 161 P. 801
  4. Billington v. Grayson1916 OK 687, 158 P. 433
  5. Bilby v. Cathcart1915 OK 640, 151 P. 688

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 3

DepthCaseCited by
Stonebraker-Zea Cattle Co. v. Hilton, 1912 OK 478, 124 P. 1062 18
Simpson v. Henderson-Sturges Piano Co., 1912 OK 91, 122 P. 174 8
Laborn v. Stephens, 1915 OK 106, 147 P. 152 3

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