TaiLexi AI U.S. Case Law

Ft. Smith W. R. Co. v. McKee

FT. SMITH & W. R. CO. v. McKEE

Ft. Smith W. R. Co. v. McKee, 1913 OK 328, 132 P. 497
Download
Format
Include

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

Court
Supreme Court of Oklahoma · State Highest Courts
Decided
May 20, 1913
Docket
No. 4677
Judges
Hayes
Citations
132 P. 4971913 OK 32838 Okla. 1941913 Okla. LEXIS 337
Disposition
Dismissed.
Syllabus
APPEAL AND ERROR — Record—Case-Made. The filing of a case-made before the same is settled and signed by the trial judge -and attested by the clerk is a mere nullity, not being authorized by law; and, where a case-made is not filed in the office of the clerk of the trial court after the same is settled and signed by the trial judge, the same cannot be considered in this court on appeal. (Syllabus by the Court.)
Summary
Error from County Court, Pittsburg County j B. P. Hammond, Judge. Action by George W. McKee against the Ft. Smith & Western Railroad Company. 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 — Hayes

HAYES, C. J.

The judgment from which this appeal is prosecuted was rendered on the 8th day of July, 1912. The ease-made bears an indorsement purporting to show that it was filed in the office of the clerk of the county court on the 9th day of November, 1912; but' the case-made was not signed and settled by the trial judge until the 25th day of November, 1912. There has therefore never been any valid filing of the case-made in the office of the clerk of the court; and the case-made is for that reason a nullity.

The statutory time within which to perfect an appeal to this court has expired; and there exists, therefore, no time within which plaintiff in error might withdraw the case-made and perfect same by filing it with the clerk of the trial court; and upon authority of Brooks et al. v. United Mine *195 Workers of America et al., 36 Okla. 109 , 128 Pac. 236 , and Marple v. Farmers’ & Merchants’ Nat. Bank, 28 Okla. 810 , 115 Pac. 1124 , the appeal 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.

Cited by 10 cases

View all citing references →
1913: 11914: 21922: 11923: 21924: 21926: 11931: 119132026peak 1914 · 2

Relies on it most ⓘ

  1. Bilby v. Steil1922 OK 149, 206 P. 830
  2. Davis v. De Geer1923 OK 390, 216 P. 156
  3. Banks v. Watson1914 OK 103, 139 P. 306
  4. Federal Surety Co. v. Little1931 OK 600, 9 P.2d 447 · Dissent
  5. State ex rel. Gross v. American Nat. Bank of Oklahoma City1924 OK 1022, 232 P. 52
  6. Ranney-Davis Mercantile Co. v. Phelps1923 OK 30, 212 P. 310

Most recent

  1. Federal Surety Co. v. Little1931 OK 600, 9 P.2d 447 · Dissent
  2. Isabelle v. Eddings1926 OK 351, 248 P. 871
  3. State ex rel. Gross v. American Nat. Bank of Oklahoma City1924 OK 1022, 232 P. 52
  4. Maxwell v. Kessler1924 OK 178, 223 P. 612
  5. Davis v. De Geer1923 OK 390, 216 P. 156
  6. Ranney-Davis Mercantile Co. v. Phelps1923 OK 30, 212 P. 310

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 2

DepthCaseCited by
Brooks v. United Mine Workers of Am., 1912 OK 715, 128 P. 236 13
Marple v. Farmers' & Merchants' Nat. Bank of Nocona, 1911 OK 170, 115 P. 1124 8

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