TaiLexi AI U.S. Case Law

Gardenhire v. Burdick

George W. Gardenhire v. F. H. Burdick

Gardenhire v. Burdick, 1898 OK 50, 54 P. 483
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Supreme Court of Oklahoma · State Highest Courts
Decided
July 30, 1898
Judges
Burford
Citations
54 P. 4831898 OK 507 Okla. 2121898 Okla. LEXIS 23
Disposition
Dismissed.
Syllabus
Appeal — GasG-MaHeSuifiGiency—Amendment. A case-made which fails to contain a copy of the judgment or final order of the trial court presents no question to this court for review, and such case-made cannot be amended or supplemented by a certified transcript of the judgment. (Syllabus 'by the Court.)
Summary
Error from the District Gourt of Payne County, before Frank Dale, District Judge. Action between George W. Gardenhire and F. H. Bur-dick. From the judgment, Gardenhire 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 — Burford

Opinion of the court by Burford, C. J.:

This purports to be an appeal from a judgment of the district court of Payne county. The record consists, of a case-made, regularly served, signed, authenticated, and filed. The case-made contains no ’copy of the judgment or final order of the court in said cause. After the case was filed in this court the plaintiff in error moved for a writ of certiorari to the clerk of the district court to bring up a transcript of the judgment. This motion can avail the plaintiff in error nothing, for it is the rule of this court that a case-made, when duly served, signed, authenticated, and filed, cannot be amended or supplemented in this court. The appeal is dismissed at costs of plaintiff in error.

All of the Justices concurring.

How later courts describe this case

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

Cited by 11 cases

View all citing references →
1899: 11903: 11908: 11909: 21910: 21914: 11915: 318992026peak 1915 · 3

Relies on it most ⓘ

  1. McLellan v. State1909 OK CR 95, 103 P. 876
  2. Bradford v. State1910 OK CR 9, 106 P. 535
  3. Mobley v. Chicago, R. I. & P. Ry. Co.1915 OK 600, 145 P. 321
  4. Ford v. McIntosh1908 OK 206, 98 P. 341
  5. Courtney v. Moore1915 OK 709, 151 P. 1178
  6. In re Cochran's Estate1915 OK 384, 149 P. 1089

Most recent

  1. Hicks v. Shadad1915 OK 802, 151 P. 1017
  2. Courtney v. Moore1915 OK 709, 151 P. 1178
  3. In re Cochran's Estate1915 OK 384, 149 P. 1089
  4. Mobley v. Chicago, R. I. & P. Ry. Co.1915 OK 600, 145 P. 321
  5. Bradford v. State1910 OK CR 9, 106 P. 535
  6. Meadors v. Johnson1910 OK 21, 117 P. 198

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

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list