LATTA et al. v. WAY et al.

LATTA et al. v. WAY et al.
1914 OK 482
143 P. 663
43 Okla. 638
Case Number: 6461
Decided: 10/13/1914
Supreme Court of Oklahoma

LATTA et al.
v.
WAY et al.

Syllabus

¶0 APPEAL AND ERROR--Dismissal--Filing of Case-Made. A case-made filed in this court, which does not show that it has been filed in the office of the clerk of the trial court, is a nullity; and where such a case-made remains in this court after the expiration of the statutory time in which to perfect an appeal, on motion the appeal will be dismissed.

D. G. Moore, for plaintiffs in error.
Adams & Smith, for defendants in error.

PER CURIAM.

¶1 Judgment in this cause was rendered and entered on December 19, 1913. Motion for new trial was filed and overruled on December 20, 1913. Petition in error and case-made was filed in this court May 28, 1914. The case-made bears no indorsement purporting to show that it was filed in the office of the clerk of the trial court, and for that reason this case falls within the rule stated in Banks et al. v. Watson et al., 40 Okla. 450, 139 P. 306, and the case-made is a nullity.

¶2 The motion to dismiss is sustained.