Schuck v. Moore

• Decision Date: 29 June 1915
• Docket Number: 4611.
• Citation: 150 P. 461,48 Okla. 533,1915 OK 519
• Parties: SCHUCK ET AL. v. MOORE.
• Court: Oklahoma Supreme Court

150 P. 461

48 Okla. 533, 1915 OK 519

SCHUCK ET AL. v. MOORE.

No. 4611.

Supreme Court of Oklahoma

June 29, 1915

Syllabus by the Court.

A record which fails to contain a copy of the final order or judgment sought to be reviewed, and in which it is not made to appear that such order or judgment is of record in the trial court, presents no question to this court for determination, and the appeal will be dismissed.

Commissioners' Opinion, Division No. 2. Error from Superior Court, Oklahoma County; Edward Dewes Oldfield, Judge.

Action by W. O. Moore against H. B. Schuck and another. Judgment for plaintiff, and defendants bring error. Dismissed.

Giddings & Giddings, of Oklahoma City, for plaintiffs in error.

James S. Twyford, of Oklahoma City, for defendant in error.

DEVEREUX, C. (after stating the facts as above).

The petition in error and appeal must be dismissed. It has repeatedly been held by this court that, where the record fails to contain a copy of the final order or judgment sought to be reviewed, and in which it is not made to appear that the same is of record in the trial court, no question is presented to this court for its determination, and the appeal will be dismissed. Sproat v. Durland, 7 Okl. 230, 54 P. 458; Denny v. Wright, 13 Okl. 256, 74 P. 104; Ford v. McIntosh, 22 Okl. 423, 98 P. 341; Meadors v. Johnson, 27 Okl. 543, 117 P. 198; Brown v. Territory, 15 Okl. 362, 82 P. 647; Kansas City, M. & O. Ry. Co. v. Fain, 34 Okl. 164, 124 P. 70.

We therefore recommend that the appeal be dismissed.

PER CURIAM.

Adopted in whole.