THREADGILL v. CITY OF COALGATE

THREADGILL v. CITY OF COALGATE
1915 OK 662
155 P. 241
55 Okla. 681
Case Number: 5121
Decided: 09/21/1915
Supreme Court of Oklahoma

THREADGILL et al.
v.
CITY OF COALGATE et al.

Syllabus

¶0 APPEAL AND ERROR--Record--Certificate. The Supreme Court will not review errors assigned upon the record in the absence of a certificate of the clerk showing that the same is a full, true, and correct transcript of the record.

Error from District Court, Coal County; Robt. M. Rainey, Judge.

Action by C. M. Threadgill and others against the City of Coalgate and others. Judgment for defendants, and plaintiffs bring error. Dismissed.

C. M. Threadgill and Fooshee & Brunson, for plaintiffs in error.
Trice & Moore, for defendants in error.

WATTS, C.

¶1 This case comes from the district court of Coal county, where a demurrer was sustained to plaintiffs' petition on March 31, 1913. Plaintiffs declined to plead further, judgment went for defendants on pleadings, and plaintiffs appeal, assigning: "The court erred in sustaining the demurrer of defendants to the petition."

¶2 The certificate to the transcript of the record is not signed by the clerk of the court, neither is the seal thereof attached, and there is therefore nothing before us for decision.

"The Supreme Court will not review errors assigned upon the record in the absence of a certificate of the clerk showing that the same is a full, true, and correct transcript of the record." (Hughes v. Martin, 43 Okla. 710, 144 P. 356.)

¶3 We therefore recommend that the attempted appeal be dismissed.

¶4 By the Court: It is so ordered.