Opinion
No. 6362
Opinion Filed January 11, 1916.
APPEAL AND ERROR — Record — Case-Made — Certificate — Dismissal. Where certificate of the trial judge to the case-made is not attested by the clerk, nor the seal of the court attached, the appeal must be dismissed.
(Syllabus by the Court.)
Error from District Court, Custer County; James R. Tolbert, Judge.
Action by Wesley S. Walker against Addison Walker, Executor of Wm. M. Walker, deceased. From the judgment the executor brings error. Dismissed.
Phillips Mills, for plaintiff in error.
Darnell Darnell, for defendant in error.
The case-made is signed by the district judge, but is not attested by the clerk, nor is the seal of the court attached thereto. Under the authoriy of Stallard v. Knapp, 9 Okla. 591, 60 P. 234; Oligschlager v. Grall, 13 Okla. 632, 75 P. 1131; Oklahoma City v. McKean, 39 Okla. 300, 135 P. 19; Tarkenton v. Carpenter, 48 Okla. 498, 150 P. 482; Board of Com'rs of Creek County v. State ex rel. Jones, 48 Okla. 477, 150 P. 455; In re Garland, 52 Okla. 585, 153 P. 153, this appeal should be dismissed.
We therefore recommend that the appeal be dismissed.
By the Court: It is so ordered.