Supreme Court of Oklahoma, 1898

Gardenhire v. Burdick

Gardenhire v. Burdick
Supreme Court of Oklahoma · Decided July 30, 1898 · Burford
54 P. 483; 7 Okla. 212; 1898 OK 50; 1898 Okla. LEXIS 23

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.

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