Manley v. Halsell

• Decision Date: 22 September 1914
• Docket Number: Case Number: 3928
• Citation: 1914 OK 437,43 Okla. 402,143 P. 193
• Parties: MANLEY v. HALSELL.
• Court: Oklahoma Supreme Court

1914 OK 437

143 P. 193

43 Okla. 402

MANLEY v. HALSELL.

Case Number: 3928

Supreme Court of Oklahoma

Decided: September 22, 1914

Syllabus

¶0 APPEAL AND ERROR--Presentation for Review--Certificate to Transcript. Where a case is presented to the Supreme Court on appeal upon a transcript of the record of the court below, the certificate thereto must be full and complete, and specifically show that the record contains a full, true, and complete transcript of the record.

C. T. Atkinson, for plaintiff in error.

W. M. Simms and Gray & McVay, for defendant in error.

TURNER, J.

¶1 This case comes to this court by petition in error and transcript from the county court of Craig county. The plaintiff in error complains of an order of said court overruling her demurrer to petition of defendant in error. Motion to dismiss the appeal has been filed, alleging, as grounds therefor, the insufficiency of the certificate of the clerk, and because no proper and sufficient record is presented whereon this court can review the action of the trial court. The certificate of the clerk to said transcript is as follows:

"State of Oklahoma, County of Craig--ss.:

"I, Jas. F. McCullough, clerk of the county court in and for Craig county, state of Oklahoma, do hereby certify that the above and foregoing 40 pages contain a full, true and correct copy of the case-made in case No. 161 Civil, wherein W. E. Halsell is plaintiff and Maude Manley, defendant, including all papers filed in said cause, clerk's minutes and entries made on the judge's docket, as the same now appears of record in this office.

"In witness whereof, I have hereunto set my hand and official seal this the 1st day of May, 1912.

"[Seal.]

"JAS F. MCCULLOUGH,

"Clerk of the County Court."

¶2 Rule 16 (38 Okla. viii, 137 P. x) of this court prescribes the form of certification of the transcript by the clerk, the body of which is as follows:

"I, , clerk of the district court for said county, do hereby certify that the foregoing is a full, true and correct transcript of the record in the above-entitled case."

¶3 Section 5146, Rev. Laws 1910, states what the record shall contain:

"The record shall be made up from the petition, the process, return, the pleadings subsequent thereto, reports, verdicts, orders, judgments and all material acts and proceedings of the court. * * *"

¶4 This court has uniformly held that it will not review the alleged errors, unless it appears from the certificate of the clerk that it is a complete transcript of the record. Wade et al. v. Mitchell, 14 Okla. 168, 79 P. 95; Bruce v. Casey-Swasey Co., 13 Okla. 554, 75 P. 280; Walcher v. Stone, 15 Okla. 130, 79 P. 771; Fortune v. Parks et al., 29 Okla. 698, 119 P. 134; E. G. Rall Grain Co. v. First State Bank, 39 Okla. 786, 136 P. 744. The certificate...