Bank of Stilwell v. Morris
Supreme Court of Oklahoma
Bank of Stilwell v. Morris, 138 P. 790 (Okla. 1914)
41 Okla. 429; 1914 OK 53; 1914 Okla. LEXIS 157
Galbraith
Bank of Stilwell v. Morris
Opinion of the Court
Opinion by
This is an appeal by petition in error and case-made. The record, however, presents no question to this court for review, for the reason that the case-made was not “filed with the papers in the case” in the trial court as required by section 5243, Rev. Laws 1910. This requirement is jurisdictional, and a compliance therewith is necessary to give this court power to- review the errors assigned. Graham et al. v. Atwood, ante, 136 Pac. 1080.
The petition in error was filed in this court January 30, 1912. The time for correcting a defect of this character has expired by limitation.
The appeal should therefore be dismissed.
By the Court: It is so ordered.
Reference
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- APPEAL AND ERROR — Case-Made—Review of Errors. Under section 5242, Rev. Laws 1910, the case-made, after being settled by the trial judge in the manner provided in said statute, must then “be filed with the papers in the case,-’ and unless so filed errors assigned requiring an examination of exceptions set out in the case-made cannot be reviewed in this court, and the appeal will be dismissed. (Syllabus by Galbraith, 0.)