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Moore v. Adams

Moore v. Adams, 1913 OK 614, 136 P. 410
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Court
Supreme Court of Oklahoma · State Highest Courts
Decided
November 4, 1913
Docket
No. 3477
Judges
PER CURIAM.
Citations
136 P. 4101913 OK 61440 Okla. 1001913 Okla. LEXIS 24
Disposition
Affirmed.
Syllabus
APPEAL AND ERROR — Brief—Sufficiency. Where the brief of plaintiff in error fails to contain an abstract statement of the facts, and such other matters required by rule 25 of this court (38 Okla. x, 95 Pac. viii), the judgment of the trial court having been superseded, a motion to affirm the judgment will be sustained.
Summary
(Syllabus by the Court.) Error from County Court, Harmon County; C. W. King, Judge. Action by W. N. Adams against A. A. Moore. Judgment for plaintiff, and defendant 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 — Per Curiam

PER CURIAM.

This cause comes on to be heard on motion of defendant in error to affirm the judgment of the trial court. There judgment was rendered against plaintiff in error for a certain sum, whereupon he superseded the same and commenced proceeding in error in this court. As counsel for plaintiff in error has not complied with that part of our rule 25

( 38 Okla. x , 95 Pac. viii ) which requires:

“The brief of the plaintiff in error in all cases except felonies shall contain an abstract or abridgment of the transcript, setting forth the material parts of the pleadings, proceedings, facts and documents upon which he relies, together with such other statements from the record as are necessary to a full understanding of the questions presented to this court for decision, so that no examination of the record itself need be made in this court”

—the judgment of the court below is affirmed.

Berry v. Woodward et al., 38 Okla. 468 , 133 Pac. 1127 ;

McKain v. J. I. Case Threshing Mach. Co., 35 Okla. 164 , 128 Pac. 895 ;

Merchants’ & Planters’ Ins. Co. v. Crane et al., 31 Okla. 713 , 123 Pac. 1126 .

How later courts describe this case

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

1915: 21916: 119152026peak 1915 · 2

Relies on it most ⓘ

  1. Hoyt Shoe Co. v. Cuff1915 OK 220, 148 P. 695
  2. Oriental Cement Plaster Co. v. Roman Nose Gypsum Co.1915 OK 1095, 153 P. 861
  3. Tulsa Mid-Continent Oil & Gas Co. v. E. E. Tuttle & Son1916 OK 295, 155 P. 1159

Most recent

  1. Tulsa Mid-Continent Oil & Gas Co. v. E. E. Tuttle & Son1916 OK 295, 155 P. 1159
  2. Oriental Cement Plaster Co. v. Roman Nose Gypsum Co.1915 OK 1095, 153 P. 861
  3. Hoyt Shoe Co. v. Cuff1915 OK 220, 148 P. 695

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
Merchants' Planters' Ins. Co. v. Crane, 1912 OK 282, 123 P. 1126 4
McKain v. J. I. Case Threshing MacH. Co., 1912 OK 810, 128 P. 895 4
Berry v. Woodward, 1913 OK 240, 133 P. 1127 3

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