Opinion
No. 23860
Opinion Filed November 29, 1932.
(Syllabus.)
1. Appeal and Error — Nullity of Case-Made Without Attestation of Court Clerk to Certificate of Trial Judge and Seal of Court Affixed — Time for Corrections.
"A case-made which fails to show the attestation of the clerk of the trial court to the certificate and signature of the trial judge, settling the same, and the seal of the trial court affixed thereto, and which is not corrected in this respect within the six months' period for the filing of appeals in this court, is a nullity, and brings nothing before this court for review. Held, further, that said case-made cannot be corrected in this respect after the expiration of the period allowed by law in which to appeal." Sebroyer v. Bracken, 134 Okla. 106, 272 P. 1029.
2. Same — Nullity of Case-Made Never Filed in Office of Clerk of Trial Court.
A case-made filed in this court in connection with a petition in error, which has never been filed in the office of the clerk of the trial court from which the appeal comes, is a nullity and cannot be considered by the court for the purpose of showing the proceedings of the court below." Schroyer v. Bracken, 134 Okla. 106, 272 P. 1029.
Appeal from District Court, Harmon County; T.P. Clay, Assigned Judge.
Action by Pearl M. Rivers against Mid-West Life Association, Oklahoma City. Judgment for plaintiff, and defendant appeals. Dismissed
F.E. Young and W.A. Blakeburn, for plaintiff in error.
W.C. Austin and Robt. B. Harbison, for defendant in error.
This is an appeal from a judgment of the district court of Harmon county. Attached to the petition in error filed in this court is a purported case-made, which shows that the signature of the trial judge to the certificate is not attested by the court clerk, and the seal of the trial court is not affixed thereto. The purported case-made was not filed with the clerk of the trial court after the same was settled and signed by the trial judge, and it was not certified by the court clerk as a transcript, or otherwise. Defendant in error has filed motion to dismiss and for judgment on supersedeas bond, and no response is filed.
Where a purported case-made is filed in this court without the attestation of the clerk of the trial court to the certificate and signature of the trial judge and without the seal of the trial court affixed thereon, as provided by section 785, C. O. S. 1921 [O. S. 1931, sec. 534], and such case-made is not filed in the trial court prior to the filing in this court, and such case-made is not corrected within the time limit for appeals to this court by section 798, C. O. S. 1921 [O. S. 1931, sec. 547], such case-made brings nothing before this court for review, and upon motion the appeal will be dismissed. Schroyer v. Bracken, 134 Okla. 106, 272 P. 1029; Greer v. Cohn, 129 Okla. 66, 263 P. 136; School District No. 26, Okmulgee County, v. Hinchie, 157 Okla. 90, 162 P. 206; Hillery v. Cox, 125 Okla. 124, 256 P. 1915; Dickerson v. Botchleott, 122 Okla. 252, 254 P. 80.
Since this court acquired no jurisdiction by the attempted appeal, it has no jurisdiction to render a judgment on the supersedeas bond. The appeal is dismissed
Note. — See under (1) annotation in 30 A. L. R. 721, 736, 738.