Opinion
No. 20900
Opinion Filed January 7, 1930.
(Syllabus.)
Appeal and Error — Necessity for Filing Petition in Error.
The filing of a purported case-made in the Supreme Court, in the absence of petition in error, institutes no action thereon under section 782, C. O. S. 1921.
Error from District Court, Tulsa County; John Ladner, Judge.
Action between William Woods and Lillian Walker. From the order of the trial court denying Woods' motion to set aside confirmation of sale of real estate, he attempts to appeal. Dismissed.
W.P. Miles, for plaintiff in error.
H.O. Bland, for defendant in error.
In this cause the plaintiff in error attempts to appeal from a judgment and order of the district court of Tulsa county. On November 18, 1929, there was filed with the clerk of this court a purported case-made. No petition in error has been filed in this cause, and this court is without jurisdiction to review the judgment complained of. Wetzell v. McConkey, 127 Okla. 165, 260 P. 77; Tinker v. Scharnhorst, 114 Okla. 27, 242 P. 1041; Sterling v. Boucher, 79 Okla. 32, 190 P. 1090; Dill v. Marks, 53 Okla. 142, 155 P. 521; Hopley v. Benton, 38 Okla. 223, 132 P. 808.
This court not having jurisdiction to review the judgment complained of, upon motion of the defendant in error, the attempted appeal is hereby dismissed.
Note. — See "Appeal and Error," 3 C. J. § 1093, p. 1082, n. 30.