Gardenhire v. Burdick

• Decision Date: 30 July 1898
• Citation: 54 P. 483,7 Okla. 212,1898 OK 50
• Parties: GEORGE W. GARDENHIRE v. F. H. BURDICK
• Court: Oklahoma Supreme Court

1898 OK 50

54 P. 483

7 Okla. 212

GEORGE W. GARDENHIRE v. F. H. BURDICK

Supreme Court of Oklahoma

Decided: July 30, 1898

SYLLABUS

¶0 APPEAL--Case-Made--Sufficiency--Amendment. A case-made which fails to contain a copy of the judgment or final order of the trial court presents no question to this court for review, and such case-made cannot be amended or supplemented by a certified transcript of the judgment.

Error from the District Court of Payne County; before Frank Dale, District Judge.

Action between George W. Gardenhire and F. H. Burdick. From the judgment, Gardenhire brings error. Dismissed.

Neill & Clark and C. R. Buckner, for plaintiff in error.

Sterling P. King, for defendant in error.

BURFORD, C. J.:

¶1 This purports to be an appeal from a judgment of the district court of Payne county. The record consists of a case-made, regularly served, signed, authenticated, and filed. The case-made contains no copy of the judgment or final order of the court in said cause. After the case was filed in this court the plaintiff in error moved for a writ of certiorari to the clerk of the district court to bring up a transcript of the judgment. This motion can avail the plaintiff in error nothing, for it is the rule of this court that a case-made, when duly served, signed, authenticated, and filed, cannot be amended or supplemented in this court. The appeal is dismissed at costs of plaintiff in error.

¶2 All of the Justices concurring.