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Devine v. Silvers

J. W. Devine Et Al. v. Mary J. Silvers

Devine v. Silvers, 1899 OK 69, 58 P. 781
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Court
Supreme Court of Oklahoma · State Highest Courts
Decided
August 24, 1899
Judges
Burford
Citations
58 P. 7811899 OK 698 Okla. 7001899 Okla. LEXIS 118
Disposition
Affirmed.
Syllabus
Appeal — Review—Case-Made. Where the case-made does not show that it contains all the evidence, it cannot be considered, thought the certificate of the trial judge contains a statement to that. effect. (Syllabus by the Court.)
Summary
Error from the District Court of Lincoln County, before■ Jno. H. Burford, District Judge. Action by Mary J. Silvers against J. W. Devine and' Emil Barwig. Judgment for plaintiff. Defendants-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 — Per Curiam

Per Curiam:

The assignment of errors include the-overruling of the motion for a new trial, rendering judgment for the defendant in error, giving-erroneous instructions, excluding legal, competent,, material, and relevant testimony, and admitting illegal, incompetent, and immaterial evidence. A discussion of these assignments of error would require an examination of the evidence, but there is no case-made brought here in such a form as to show .that it contains all the evidence-which was heard upon the trial. The statement connected with the evidence simply shows that, “ Case-Closed.” The statement of the stenographer is that “the- *701 above and foregoing is a true and correct transcript of my shorthand notes taken during the course of the trial.” The certificate of the trial judge states that the case-made •contains all the evidence, but such a statement is insufficient. The statement should be inserted in the case itself, and not in the certificate of the judge who settles the case.

(Wade v. Gould, this volume, p. 690, Bell v. Bell [Kan. Sup.] 56 Pac. 472 .)

We have examined the instructions of the court which have been objected to, and find no ruling which could have been'prejudicial to the rights of the plaintiffs in •error. The judgment of the court below-is affirmed.

Burford, C. J., having presided in the court below, not -sitting.

How later courts describe this case

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

1900: 11901: 11904: 11915: 11916: 21936: 119002026peak 1916 · 2

Relies on it most ⓘ

  1. Briggs v. Kinzer1916 OK 590, 158 P. 447
  2. Keet & Roundtree Dry Goods Co. v. Rogers1916 OK 278, 156 P. 179
  3. Magee v. Litchfield151 P. 575 (Okla. 1915)
  4. Tingley v. Tingley1936 OK 791, 64 P.2d 865
  5. Pierce v. Engelkemeier1900 OK 77, 61 P. 1047
  6. Exendine v. Goldstine1904 OK 25, 77 P. 45

Most recent

  1. Tingley v. Tingley1936 OK 791, 64 P.2d 865
  2. Briggs v. Kinzer1916 OK 590, 158 P. 447
  3. Keet & Roundtree Dry Goods Co. v. Rogers1916 OK 278, 156 P. 179
  4. Magee v. Litchfield151 P. 575 (Okla. 1915)
  5. Exendine v. Goldstine1904 OK 25, 77 P. 45
  6. School District No. 51 v. Trotter1901 OK 21, 64 P. 9

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 1

DepthCaseCited by
Grimes v. Barratt, 56 P. 472 (Kan. 1899) 6

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