Lampton v. Johnson
Decision Date | 10 March 1914 |
Docket Number | Case Number: 3438 |
Parties | LAMPTON v. JOHNSON. |
Court | Oklahoma Supreme Court |
¶0 1. EXCEPTIONS, BILL OF--Time Allowed--Term--"Exception." An "exception" is an objection taken to a decision of the court or judge upon a matter of law.
2. SAME--Presentation for Review. The party objecting to a decision must except at the time the decision is made, and time may be given to reduce the exception to writing, but not beyond the term.
3. SAME. Where no time is asked or granted for reducing exceptions to writing at the time the decision excepted to is made, there is no authority for signing and allowing a bill of exceptions and making it a part of the record proper after the expiration of the term.
Error from Superior Court, Muskogee County; Farrar L. McCain, Judge.
Action by W. F. Johnson against M. W. Lampton. Judgment for plaintiff, and defendant brings error. Dismissed.
N. A. Gibson, John H. Mosier, and Rush Greenslade, for plaintiff in error
F. L. Montgomery, DeRoos Bailey, J. E. Wyand, and Charles A. Moon, for defendant in error
¶1 A preliminary question which disposes of the above-entitled proceeding in error is presented by counsel for defendant in error in their brief. They say:
¶2 We think counsel correctly state the situation as to the scope of the petition in error and the questions presented by it for review. Therefore, unless the action of the judge of the court below, after the term, and without any time having been requested or granted for reducing exceptions to writing, in allowing and signing as a bill of exceptions what, upon its face, has the appearance of an ordinary case-made, had the effect of making the evidence, motion for a new trial, and other proceedings of that nature a part of the record proper which may be taken up by a transcript of the record, the appeal must be dismissed. We are unable to find any authority for such action. Section 5026, Rev. Laws 1910, provides:
"An exception is an objection taken to a decision of the court or judge upon a matter of law."
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