Wade v. Mitchell
| Decision Date | 11 June 1904 |
| Citation | 1904 OK 55,79 P. 95,14 Okla. 168 |
| Parties | W. A. WADE, J. H. STIEN, A. A. SILBERSTINE, W. H. JENNINGS AND F. M. WEAVER v. EDWARD F. MITCHELL. |
| Court | Oklahoma Supreme Court |
¶0 1. APPEAL--Transcript Not Sufficient, When. Where a transcript on appeal fails to show affirmatively that it contains a true, full and complete copy of all the proceedings on the trial which are properly a part of the record, this court will not review alleged errors.
2. SAME--Certification. The record must be authenticated by the clerk, and it must appear from his certificate that it is a complete transcript. If the certificate shows less than this, the case will be dismissed.
3. SAME. The statute prescribes two methods of presenting a case to the supreme court, one by a case made, which may contain only so much of the record as presents the alleged error complained of; the other by transcript, which can be nothing less than the complete record, and this must appear from the certificate of the clerk, and the court need not look to the record to determine what it contains.
Error from the District Court of Comanche County; before F. E. Gillette, Trial Judge.
C. O. Blake, E. E. Blake, W. T. Beeks and John Livingston, for plaintiffs in error.
Cease & Whalen and Rice, Mitschrich & Rice, for defendant in error.
¶1 This cause comes to this court upon what purports to be a transcript of the record. The certificate of the clerk to the transcript states that it contains "a full, true and correct copy of the petition, demurrer and journal entry." It does not purport to be a full, true and complete transcript of all the papers and proceedings in the cause as appears from the records in the office of the clerk of said court. Every presumption must be entertained in favor of the regularity of the proceedings in the trial court, and in support of its judgment. In the absence of a complete record, where the cause is presented upon a transcript, it will be presumed that the court took proper steps to and did correct any apparent errors appearing upon the face of an incomplete transcript.
"It follows, accordingly, that where the transcript on appeal fails to show affirmatively that it contains a true, full and complete copy of all the proceedings on the trial which are properly a part of the record, the court will not review alleged errors." .
¶2 The court need not examine the record to see what it contains. It must be authenticated by the clerk, and it must appear that it is a complete transcript from his certificate. If the certificate shows less than this, the case will not be reviewed, but will be dismissed.
¶3 It was said in Westbrook v. Schmaus, 51 Kan. 214, 32 P. 892:
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City of Wagoner v. Gibson
... ... Abel v. Blair, 3 Okla. 399, 41 P. 342; Bruce v. Casey-Swasey Co., 13 Okla. 554, 75 P. 280; Wade et al. v. Mitchell, 14 Okla. 168, 79 P. 95; Walcher v. Stone et al., 15 Okla. 130, 79 P. 771; Williamson v. Williamson, 15 Okla. 680, 83 P. 718; ... ...
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Gamble v. Emery
...affords no ground for a dismissal of the appeal. Chicago, R. I. & P. R. Co. v. Reese, 26 Okla. 613, 110 P. 1071; Wade et al. v. Mitchell, 14 Okla. 168, 79 P. 95. The demurrer of the defendant, which was sustained in the instant case, is a part of the record, and the ruling thereon may be re......
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Mcguire v. Rash
... ... Manley v. Halsell, 43 Okla. 402, 143 P. 193; Wade et al. v. Mitchell, 14 Okla. 168, 79 P. 95; Bruce v. Casey-Swasy Co., 13 Okla 554 75 P. 280; Walcher v. Stone, 15 Okla. 130, 79 P. 771; Fortune v ... ...
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E. G. Rall Grain Co. v. First State Bank of Mcqueen
... ... If the certificate shows less than this, the case will be dismissed." (Wade v. Mitchell, 14 Okla. 168, 79 P. 95; Fortune v. Parks, 29 Okla. 698, 119 P. 134.) "A transcript of the record is not sufficiently authenticated ... ...