Wagester v. Cosmopolitan Fire Ins. Co.

• Decision Date: 29 April 1913
• Citation: 132 P. 142,38 Okla. 52,1913 OK 267
• Parties: WAGESTER v. COSMOPOLITAN FIRE INS. CO. WAGESTER v. NORTHWESTERN NAT. INS. CO.
• Court: Oklahoma Supreme Court

132 P. 142

38 Okla. 52, 1913 OK 267

WAGESTER v. COSMOPOLITAN FIRE INS. CO.

WAGESTER v. NORTHWESTERN NAT. INS. CO.

Supreme Court of Oklahoma

April 29, 1913

Syllabus by the Court.

Where the case-made does not contain a recital to the effect that the record contains all the evidence introduced on the trial of the cause, this court will not review any question depending upon the facts for its determination.

Error from District Court, Wagoner County; Chas. Bagg, Judge.

Action by Julia Wagester, doing business under the firm name of Wagester Sisters, against the Cosmopolitan Fire Insurance Company, and by the same plaintiff against the Northwestern National Insurance Company. Actions consolidated, judgments for defendants, and plaintiff brings error. Affirmed.

Geo. A Murphey and E. L. Kistler, both of Muskogee, for plaintiff in error.

Burwell Crockett & Johnson, of Oklahoma City, for defendants in error.

WILLIAMS J.

This proceeding in error is to review the action of the trial court in rendering judgment in favor of the defendants in error. On June 28, 1909, two separate actions were begun by the plaintiff in error as plaintiff against the respective defendants in error as defendants. The action against the defendant in error, Cosmopolitan Fire Insurance Company, was on a policy of $1,000, and that against the Northwestern National Insurance Company on a policy for $700, both being written on September 28, 1908, and each to run for a period of one year from that date. Said plaintiff was the owner of a stock of millinery goods insured under this policy, which were located in the Paste Block in the city of Muskogee at the time of the issuance of the policies. On November 6 1908, this stock of millinery goods were destroyed by fire. By agreement in the lower court both actions were consolidated and tried as one case, it being stipulated that "either party desiring to appeal from any judgment, which may be rendered, may appeal by one case-made or separate cases-made as he may desire. All preliminaries, except as hereinafter stated, having been complied with, the action of the lower court is now here for review.

The record recites as follows: "The photograph marked 'Exhibit E' in this case was introduced first in case No. 1,017, Marie Kimpel v. Oklahoma Fire Insurance Co., which case is to be appealed, and the exhibit will be filed with said case. The stenographer cannot make a copy of this...