TARPENNING v. COMPTON

TARPENNING v. COMPTON
1915 OK 606
151 P. 681
51 Okla. 41
Case Number: 4881
Decided: 09/07/1915
Supreme Court of Oklahoma

TARPENNING et al.
v.
COMPTON.

Syllabus

¶0 APPEAL AND ERROR--Case-Made--Dismissal on Appeal. Where the record fails to show that the case-made was filed in the trial court, an attempted appeal will be dismissed.

Harris, Nowlin & Singleton, for plaintiffs in error.

CROW, C.

¶1 The record in this cause fails to show that the case-made was filed in the trial court. For this reason the appeal must be dismissed. Plaintiffs in error fail to assign as error the overruling of their motion for new trial in the court below, and, it being necessary to review the evidence in order to consider the appeal, this of itself would justify a dismissal. However, the first reason given herein necessitates a dismissal of the appeal. We recommend that the appeal be dismissed.

¶2 By the Court: It is so ordered.