Opinion
No. 16538
Opinion Filed December 22, 1925. Rehearing Denied January 19, 1926.
(Syllabus.)
Appeal and Error — Necessity for Petition in Error.
The filing of a purported case-made in the Supreme Court institutes no action therein, in the absence of a petition in error, required by section 782, Comp. St. 1921.
Error from District Court, Osage County; Jesse J. Worten, Judge.
Action between Louis Tinker and Charles Scharnhorst. From the judgment, the former appeals. Dismissed.
Humphrey Spence, for plaintiff in error.
Hiller Jacobson, for defendant in error.
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 be a case-made, entitled as above, but no petition in error has been filed, as required by section 782, C. O. S. 1921. Therefore, no action has been instituted in this court. McMasters v. English, 26 Okla. 818, 110 P. 1070; Dill v. Marks, 53 Okla. 142, 155 P. 521; Sterling v. Boucher, 79 Okla. 32, 190 P. 1090.
The appeal is dismissed.
All the Justices concur.