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Landis v. Beal Hines

Landis v. Beal & Hines

Landis v. Beal Hines, 1914 OK 405, 142 P. 1109
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Court
Supreme Court of Oklahoma · State Highest Courts
Decided
September 1, 1914
Docket
No. 5749
Judges
Bleakmore
Citations
142 P. 11091914 OK 40543 Okla. 2871914 Okla. LEXIS 512
Disposition
Appeal dismissed.
Syllabus
APPEAL AND ERROR — Case-Made—Filing—Necessity. Where a ease.made is not filed in the office of the clerk of the trial court, it is a nullity, and cannot be considered on appeal to this court. (Syllabus by the Court.)
Summary
Error from Superior Court, Pottatvatomie County; George C. Abernathy, Judge. Action between S. B. Landis and Beal & Hines. Erom the. judgment, Landis 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 — Bleakmore

BLEAKMORE, J.

This case presents error from the superior court of Pottawatomie county, and comes on to be heard upon the motion of defendants in error to dismiss the appeal. Motion for new trial was overruled on the 3d day of May, 1913. The purported case-made attached to the petition in error filed in this cause was never filed in the office of the clerk of the trial court, and is for that reason a nullity.

The statutory time within which to perfect an appeal has expired, and under the authority of Ft. Smith & W. R. Co. v. McKee; 38 Okla. 194 , 132 Pac. 497 , this proceeding must be dismissed.

All the Justices concur.

How later courts describe this case

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

1921: 11923: 119212026peak 1921 · 1

Relies on it most ⓘ

  1. Hall v. Phoenix Ins. Co.1921 OK 229, 198 P. 998
  2. State ex rel. Freeling v. Brewer1923 OK 888, 219 P. 895

Most recent

  1. State ex rel. Freeling v. Brewer1923 OK 888, 219 P. 895
  2. Hall v. Phoenix Ins. Co.1921 OK 229, 198 P. 998

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
Ft. Smith W. R. Co. v. McKee, 1913 OK 328, 132 P. 497 10

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