W. Inv. Co. v. Mayberry
Decision Date | 13 January 1909 |
Docket Number | Case Number: 900 Ind Ter T |
Citation | 1909 OK 18,23 Okla. 76,99 P. 652 |
Parties | WESTERN INV. CO. v. MAYBERRY. |
Court | Oklahoma Supreme Court |
¶0 APPEAL AND ERROR--Record--Bill of Exceptions Signed After Term. A bill of exceptions, signed after the term at which the judgment is rendered, without the consent of parties, or an express order of the court to that effect, made during the term, cannot be considered as a part of the record in the case.
Appeal from the United States Court for the Western District of the Indian Territory, at Wagoner; Louis Sulzbacher, Judge.
Replevin by the Western Investment Company against Harvey A. Mayberry. Judgment for defendant, and plaintiff brings error. Affirmed.
R. C. Allen and J. C. Pinson, for plaintiff in error.
Robert F. Blair, for defendant in error.
¶1 Counsel for plaintiff in error states the point he wishes reviewed in this case as follows:
¶2 It will be seen at a glance that, in order to review such questions, it would be necessary to make the evidence taken at the trial of the case a part of the record by bill of exceptions. The record shows that on the 25th day of January, 1907, this action was tried to a jury, and a verdict returned in favor of defendant in error. On the 26th day of January, 1907, an order was entered to the effect that the plaintiff moved for a new trial, whereupon the court immediately thereafter adjourned sine die without granting any order allowing time within which to make, settle, and sign and file a bill of exceptions. On the 23d day of July, 1907, after a succeeding term of court had expired, the judge, while out of his district at Kansas City, Mo., signed and settled a purported bill of exceptions without the knowledge or consent of the defendant in error, which purported bill of exceptions was afterwards filed of record in the court below and is now in this court purporting to be a part of the record in said cause. We are of the opinion that the judge was without power to sign and settle the bill of exceptions. The authorities seem to universally hold that a bill of exceptions allowed by a judge in vacation, and after the term of court at which the judgment was rendered had expired, and after the succeeding term of court had expired, forms no part of the...
To continue reading
Request your trial- Western Inv. Co. v. Mayberry
-
Lampton v. Johnson
... ... exceptions signed after term, without consent of the parties, or by express order of court made during term, is not a part of the record."Western Inv. Co. v. Mayberry, 23 Okla. 76, 99 P. 652; I. B. & T. Co. v. Farmer et, al., 23 Okla. 632, 102 P. 699. 7 It follows that, there being no case-made, ... ...