Board of Com'rs of Creek County v. State

1. APPEAL AND ERROR — Case-Made—Attestation—Seal. Where the certificate of the trial judge to a purported case-made is not attested by the clerk of the court and the seal of the court attached to such attestation, such purported case-made is a nullity ■and presents no question for review. 2. APPEAL AND ERROR — Transcript—Form—Seal. Where a purported case-made is attempted also to be certified as a transcript, the certificate of the certifying clerk must be substantially in the form required by rule 16 of this court (38 Okla. viii, 137 Pao. x) and have the seal of the clerk attached to such certificate; and, if the seal of said court be not so attached, such attempted transcript is a nullity and presents no question for review. (Syllabus by Collier, C.)

Error from District Court, Creek County; Wade S. Stanfield, Judge. Suit for mandamus by the State, on the relation of J. J. Jones, against the Board of County Commissioners of Creek County, Oklahoma. Judgment for the relator, and the defendant brings error. ■ This is an attempted appeal from a judgment of the district court of Creek county, awarding a peremptory mandamus against the defendants in error, “commanding that, immediately upon receipt of this writ, they refund to the said J. J. Jones the sum of $170.93 and the sum of $105.42, respectively, being the respective sums set forth in plaintiff’s motion herein as having been erroneously and illegally assessed and collected from the said relator, J. J. Jones, by the county of Creek, and that the said board of county commissioners immediately issue their order upon the county treasurer of Creek county, requiring him to pay to the said J. J. Jones the said respective sums of $170.93 and $105.42 out of any undistributed funds in his hands, etc.” • The purported case-made shows that the certificate of the trial judge thereto was not attested by the clerk of said district court under the seal of said court; but it is also attempted to be certified by the clerk of said court, but not under the seal of said court, as a transcript.