In re Garland
Decision Date | 23 November 1915 |
Docket Number | 5203. |
Citation | 153 P. 153,52 Okla. 585,1915 OK 977 |
Parties | IN RE GARLAND. |
Court | Oklahoma Supreme Court |
Syllabus by the Court.
Where there appears in the case-made a purported journal entry of judgment, which does not bear the filing mark of the clerk of the court or other indication that it ever became a record in the case, nothing is presented to this court for decision.
A simple recital in the case-made cannot take the place of a court order. Not only the acts of granting judgment and ordering extension of time to make and serve a case-made are necessary, but they must be entered of record as required by the statute, and such entry of record must affirmatively appear.
Where a case-made is signed by the trial judge, but is not attested by the signature of the clerk and seal of the court, it is not sufficiently authenticated, as required by the statute to constitute a valid case-made, and the judgment of the trial court cannot be reviewed, and the appeal will be dismissed.
Commissioners' Opinion, Division No. 4. Error from District Court, Haskell County; W. H. Brown, Judge.
In the matter of the appeal of Mrs. R. D. Garland from a decision of the Board of County Commissioners of Haskell County. Judgment for defendant, and plaintiff brings error. Dismissed.
A. L Beckett and Guy A. Curry, both of Stigler, for plaintiff in error.
This case presents an appeal from the district court of Haskell county, where the plaintiff in error was plaintiff below and defendant in error was defendant below. The issues were submitted to the court without the intervention of a jury. After the introduction of the evidence the court rendered judgment for the defendant, from which the plaintiff appeals.
The purported journal entry of judgment is as follows:
The above purported journal entry does not appear to have reached the clerk of the trial court; at least there is no filing mark thereon or other indication that it ever became a part of the record in this case. Rev. Laws 1910, provide:
In Walker v. Board of County Commissioners of Grant County (not yet officially reported in Oklahoma Reports) 144 P. 793, Harrison, C., said:
See, also, Morris v. Caulk (not yet officially reported in Oklahoma Reports) 144 P. 623; Fife et al. v. Cornelous et al. 35 Okl. 402, 124 P. 957.
In Springfield Fire & Marine Ins. Co. v. Gish, Brook & Co., 23 Okl. 824, 102 P. 708, Judge Hayes said:
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