Opinion
No. 22269
Opinion Filed February 21, 1933.
(Syllabus.)
Appeal and Error — Dismissal Upon Motion Where Case-Made not Settled and Signed as by Law Required.
Where a motion to dismiss has been filed upon the jurisdictional ground that the case-made was not settled and signed as by law required, and the authorities and record support the motion, and no response has been filed to the motion to dismiss, the case will be dismissed.
Appeal from Court of Common Pleas, Tulsa County; Wm. N. Randolph, Judge.
Action by Susie Day against Knights of Pythias Grand Lodge, Jurisdiction of Oklahoma; Mattie Day intervening. From a judgment for the plaintiff, defendant and intervener appeal. Dismissed.
E.T. Barbour, for plaintiff in error.
O.A. Chappell, for intervener.
Searcy Underwood, for defendant in error.
This is an appeal filed April 18, 1931, by petition in error and case-made attached, and on the 12th day of September, 1932, motion to dismiss was filed herein on jurisdictional grounds that the case-made was not settled and signed as by law required. No response has been filed to the motion to dismiss, and under the rule announced in Bowers v. Lawrence, 88 Okla. 31, 210 P. 1032, and rule 5 of this court, the appeal is dismissed.