Cable v. Myers
Cases that cite this one
7 later published cases cite this decision.
- Hill v. Oklahoma Life Ins. Co. (Okla. 1935)
- Illinois Bankers Life Assurance Co. v. Bell (Okla. 1934)
- Wells v. McArthur (Okla. 1920)
- Johnson v. Henshaw (Okla. 1920)
- Maness v. Wilson (Okla. 1916)
- Thompson v. Brown (Okla. 1914)
- German-American Ins. Co. v. Newborn (Okla. 1914)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
This case presents error from the superior court of Pottawatomie county, and is an appeal from a final order of that court upon the motion of plaintiff in error to retax costs. Attached to the petition in error is a purported transcript of the record. There is neither case-made nor bill of exceptions; and, for these reasons, defendant in error has filed his motion to dismiss this proceeding.
This court has repeatedly held that the rulings of a trial court upon motion cannot be reviewed here, unless such matters are made a part of the record by bill of exceptions or case-made. In Bruner et al. v. Kansas Moline Plow Co., 24 Okla. 158, 103 Pac. 673, it was held:
“The only way that this court may re-examine the taxing of costs in the trial court is on appeal, by means of a bill of exceptions or case-made.”
It follows that the motion to dismiss this case should be sustained; and it is so ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.