LAWTON GRAIN CO. v. BRUNSWIG

LAWTON GRAIN CO. v. BRUNSWIG
1919 OK 83
179 P. 465
72 Okla. 136
Case Number: 10358
Decided: 03/11/1919
Supreme Court of Oklahoma

LAWTON GRAIN CO.
v.
BRUNSWIG.

Syllabus

¶0 Appeal and Error--Case-Made or Bill of Exceptions--Dismissal.
Where the errors alleged are of such a nature that they cannot be reviewed upon transcript of record, and no case-made or bill of exceptions was served, allowed, or filed, the appeal will be dismissed.

Error from District Court, Comanche County; Chain Jones, Judge.

Action between the Lawton Grain Company and A. J. Brunswig, trading as the A. J. Brunswig Grain Company. Judgment for the latter, and the former brings error. Dismissed.

Chas. Mitschrich, for plaintiff in error.
W. C. Stevens, for defendant in error.

HARDY, C. J.

¶1 Defendant in error filed motion to dismiss this proceeding for the reason that errors assigned do not appear upon the face of the record proper and are not preserved by case-made or bill of exceptions. Appeal is perfected by transcript, and no bill of exceptions or case-made was served, allowed, or filed, and the errors alleged are of such character that they cannot be reviewed in this court upon transcript of the record. Simpson v. Henderson-Sturges Piano Co. 31 Okla. 623, 122 P. 174; Stonbreaker-Zea Cattle Co. v. Hilton, 34 Okla. 225, 124 P. 1062; Laborn et al. v. Stephens et al., 47 Okla. 64, 147 P. 152; Jacobs v. Willie, 47 Okla. 785, 150 P. 709.