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199 Okla. 511

Glenn v. McLeod

Supreme Court of Oklahoma

Decided October 14, 1947

Supreme Court of Oklahoma · decided 1947-10-14

(Syllabus.) APPEAL AND ERROR — <italic>Nullity of case-made settled and</italic> <italic>signed by other than trial judge.</italic> A case-made must be settled and signed by the judge who tried the case and where the case is tried by one judge and the case-made is settled and signed by another and no showing is made as to the inability of the judge who tried the case to settle the same, such case-made brings nothing to this court for review.

Relies on Richardson Et Vir v. Beidleman · Brown v. Marks · Incorporated Town of Guymon v. Triplett

Decided 1947-10-14

PER CURIAM.

¶1This is an appeal from the judgment of the district court rendered on the 21st day of October, 1945, in an action wherein plaintiff sought to quiet title to certain real property. The issues of fact were tried before the Honorable Clyde G. Pitman; trial judge, who entered the judgment in the cause and also the order overruling the motion for new trial. The case-made was settled by Judge Kenneth Jarrett. The case-made attached to the petition in error was settled and signed without any certificate showing the inability of Judge Pitman to settle the same, and under the decisions of this court it has been many times held that such a case-made presents nothing to this court for review. Knox v. Krause, 140 Okla. 7, 282 P. 120; Incorporated Town of Guymon v. Triplett, 71 Okla. 298, 177 P. 570; Davis v. Lambard Hart Realty & Investment Co., 88 Okla. 301, 213 P. 78; Brown v. Marks, 45 Okla. 711, 146 P. 707; Arkansas Fertilizer Co. v. Brattin, 127 Okla. 9, 260 P. 43.

¶2The cause cannot be reviewed on transcript, for, assuming the record is properly certified as a transcript, the order overruling the motion for new trial was entered on the 23rd day of October, 1946, and the appeal was not lodged in this court until six months thereafter. In such case, in order to review any alleged errors arising upon the transcript, it is necessary to file the cause within six months from the 21st day of October, 1946, the date on which the payment was rendered. . See Richardson v. Beidleman, 33 Okla. 463, 126 P. 818.

¶3The appeal is dismissed.

HURST, C.J., DAVISON, V.C.J., and RILEY, BAYLESS, WELCH, CORN, GIBSON, and LUTTRELL, JJ., concur.
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