TRACY v. DENNIS

TRACY v. DENNIS
1915 OK 4
145 P. 772
45 Okla. 208
Case Number: 6547
Decided: 01/05/1915
Supreme Court of Oklahoma

TRACY et al.
v.
DENNIS.

Syllabus

¶0 APPEAL AND ERROR--Settlement of Case-Made--Notice. Where no notice of the time of settlement of a case-made is given or waived, and there is no appearance of the opposite party either in person or by counsel, a case-made so settled is a nullity, and no jurisdiction is vested in this court to decide any question arising thereon. Error from County Court, Creek County; Warren H. Brown, Judge. Action between Joe Tracy and another and J. M. Dennis. From the judgment, the parties first mentioned bring error. Dismissed.

Pryor & Rockwood, for plaintiff in error.
Wm. L. Cheatham, for defendant in error.

RIDDLE, J.

¶1 Motion is filed to dismiss this appeal, on the ground that no notice was given of the time and place of allowing and settling the case-made, and that same was allowed and settled without notice to defendant in error; that defendant in error made no appearance or suggestion of amendments, nor did he otherwise waive notice or a right to be present at the time said case-made was settled. Plaintiffs in error concede the existence of this state of facts. The motion to dismiss is sustained. Moore v. Howard Mer. Co., 40 Okla. 491, 139 P. 524.

¶2 Wyant v. Wheeler, 38 Okla. 68, 132 P. 137.

¶3 All the Justices concur.