Tracy v. Dennis
Supreme Court of Oklahoma
Tracy v. Dennis, 145 P. 772 (Okla. 1915)
45 Okla. 208; 1915 OK 4; 1914 Okla. LEXIS 259
Riddle
Tracy v. Dennis
Opinion of the Court
Motion is filed to- dismiss this appeal, on the ground that no notice was given of the time and place of allow *209 ing and settling tbe ease-xnade, and that same was allowed and settled without notice to defendant in error; that defendant in error made no appearance or suggestion of amendments, nor did he otherwise waive notice or a right to be present at the time said case-made was settled. Plaintiffs in error concede the existence of this state of facts. The motion to dismiss is sustained. Moore v. Howard Mer. Co., 40 Okla. 491, 139 Pac. 524.
Wyant v. Wheeler, 38 Okla. 68, 132 Pac. 137.
Reference
- Full Case Name
- TRACY Et Al. v. DENNIS
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- APPEAL AND ERROR — Settlement of Case-Made — Notice. Where no notice of the time of settlement of a case-made is given or. waived, and there is no appearance of the opposite party either in person or by counsel, a case-made so settled is a nullity, and no jurisdiction is vested in this court to decide any question arising thereon. (Syllabus by the Court.)