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Myers, Co. Treas. v. Bowling

MYERS, Co. Treas., Et Al. v. BOWLING

Myers, Co. v. Bowling, 1923 OK 345, 215 P. 1051
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Court
Supreme Court of Oklahoma · State Highest Courts
Decided
June 5, 1923
Docket
No. 14124
Judges
Harrison, Johnson, Kane, Kenna-Mer, Branson
Citations
215 P. 10511923 OK 34590 Okla. 31923 Okla. LEXIS 1082

Opinion of the Court — Harrison

HARRISON, J.

Motion to dismiss this appeal was filed with proof of service May 12, 1923, for the reason :

(1) That the cause having been submitted on agreed statement of facts, no motion for new trial was necessary, and that such motion saves no question for review.

(2) That the record fails to show jurisdiction of the district court to hear and determine'the matter.

(3) That the record attached to the petition in error is neither a transcript, bill of exceptions, nor case-made. .

The cause having been submitted to the trial court on an agreed statement of facts, all issues of fact were thereby eliminated. A motion for new trial is unnecessary in such case. Garland v. Union Trust Co., 49 Okla. 654 , 154 Pac. 676 ; Hutchinson v. Brown, 66 Okla. 250 , 167 Pac. 624 ; St. L. & S. F. R. Co. v. Nelson, 40 Okla. 143 , 136 Pac. 590 ; School Dist. No. 38 v. Mackey, 44 Okla. 408 , 144 Pac. 1032 : Stanard v. Sampson, 23 Okla. 13 , 99 Pac. 796 .

*4 No motion for judgment on pleadings having been made, and the cause having:, been submitted on an agreed statement of facts, there appears to be. nothing which would justify a reversal. In treating the record as a transcript, there being no complete ■ case-made, the record presents nothing for this court to review; therefore the motion is sustained and appeal dismissed.

JOHNSON, C. J.. and KANE, KENNA-MER, and BRANSON, J.T.. concur.

How later courts describe this case

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

1924: 119242026peak 1924 · 1

Relies on it most ⓘ

  1. Henry v. McBride1924 OK 353, 225 P. 906

Most recent

  1. Henry v. McBride1924 OK 353, 225 P. 906

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 5

DepthCaseCited by
Stanard v. Sampson Et Ux., 1909 OK 13, 99 P. 796 25
Garland v. Union Trust Co., 1916 OK 24, 154 P. 676 23
Hutchison v. Brown, 1916 OK 906, 167 P. 624 17
St. Louis S. F. R. Co. v. Nelson, Admx., 1913 OK 671, 136 P. 590 14
Sch. Dist. No. 38 v. MacKey, Cnty. Treasurer, 1914 OK 626, 144 P. 1032 13

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