Liquid Carbonic Co. v. Rodman
| Decision Date | 03 August 1915 |
| Docket Number | 4532. |
| Citation | 152 P. 439,52 Okla. 211,1915 OK 583 |
| Parties | LIQUID CARBONIC CO. v. RODMAN. |
| Court | Oklahoma Supreme Court |
Rehearing Denied Nov. 9, 1915.
Syllabus by the Court.
An "exception" is an objection taken to a decision of the court or judge upon a matter of law.
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.
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.
Commissioners' Opinion, Division No. 1. Error from District Court, Seminole County; Tom D. McKeown, Judge.
Action between the Liquid Carbonic Company and Charles M. Rodman. From the judgment, the company brings error. Dismissed.
C. Dale Wolfe, of Wewoka, for plaintiff in error.
Harry H. Rogers, of Tulsa, for defendant in error.
The petition in error in this case assigns errors of law occurring at the trial, and the case is brought here on a transcript of the record, which includes a bill of exceptions, purporting to embrace everything that occurred at the trial, including all the evidence, etc. On May 10, 1912 the motion for new trial was heard and overruled by the court, and plaintiff in error here (plaintiff below) was allowed 90 days within which to make and serve a case-made. No steps were taken thereafter to do so; but on October 16 1912, all of the proceedings at the trial were reduced to writing, including the evidence taken, the instructions of the court asked and refused, and those given, etc., and the same were presented to the trial court as a bill of exceptions, was signed by him on said date, and ordered filed as a part of the record. Thereafter a transcript of the record was certified by the clerk, and the same included after the record proper, the aforesaid bill of exceptions and the whole case was thus brought to this court on a transcript of the record.
In this situation, the so-called bill of exceptions is a nullity, and cannot be considered. Exceptions may be taken in writing to a decision on questions of law occurring at the trial, and they may, after presentation, approval, and signing by the judge be filed in the case as a part of the record, and thereafter be incorporated in a transcript; and in this manner they may be brought to this court for...
To continue reading
Request your trial