Opinion
No. 4841
Opinion Filed June 15, 1915.
APPEAL AND ERROR — Case-Made — Failure to File and Certify — Dismissal. Where the purported case-made was not filed in the office of the clerk of the court in which the trial was had, and same is not properly certified as a transcript of the record, the appeal will be dismissed.
(Sylabus by the Court.)
Error from County Court, Pawnee County; Fred S. Liscum, Judge.
Action between H. C. Canfield and others and James Bell and others. From the judgment the parties first mentioned bring error. Dismissed.
McNeill McNeill, for plaintiffs in error.
Redmond S. Cole, for defendants in error.
This case comes on upon motion to dismiss appeal, because: (1) The case-made was not filed in the court below; (2) the certificate of the judge who tried the case was never attested by the clerk of the county court; and (3) the certificate of the alleged case-made does not affirmatively show that it contains a full, true, and correct transcript of the record in said cause.
It does not appear that the case-made was ever filed in the office of the clerk of the trial court, as required by section 5242, Rev. Laws 1910, and, in the absence of a request for leave to withdraw case-made and file same as required by said statute, it will be stricken from the files of this court; and, not being properly certified as a transcript, the petition in error is dismissed. Abbott.v Rogers, 35 Okla. 189, 128 P. 908; Peck v. Stephens, 35 Okla. 468, 130 P. 276; Montemat v. Johnson, 42 Okla. 443, 141 P. 779.
All the Justices concur.