Gardenhire v. Burdick

Supreme Court of Oklahoma
Gardenhire v. Burdick, 54 P. 483 (Okla. 1898)
7 Okla. 212; 1898 OK 50; 1898 Okla. LEXIS 23
Burford

Gardenhire v. Burdick

Opinion of the Court

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.

Reference

Full Case Name
George W. Gardenhire v. F. H. Burdick
Cited By
12 cases
Status
Published
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.)