This cause is before us on motion of the defendant in error to dismiss the appeal.

On June 26, 1925, there was filed in the office of the clerk of the court what purports to he a case-made, entitled as above, but no petition in error has been filed, as required by section 782, O. O. S, 1921. Therefore, no action has been instituted in this court. McMasters v. English, 26 Okla. 818, 110 Pac. 1070; Dill v. Marks, 53 Okla. 142, *28 155 Pac. 521; Sterling v. Boucher, 79 Okla. 32, 190 Pac. 1090.

The appeal is dismissed.