Atkinson v. Burkett

Decided December 23, 1952

Supreme Court of Oklahoma · decided 1952-12-23

(Syllabus.) APPEAL AND ERROR — <italic>Necessity for filing case-made in office of</italic> <italic>clerk of trial court — Dismissal.</italic> A case-made filed in this court which does not show that it has been filed in the office of the clerk of the trial court in accordance with the provisions of 12 O.S. 1951 § 958[<cross_reference>12-958</cross_reference>], is a nullity, and where such case-made remains in this court after the expiration of the statutory time in which to perfect an appeal, on motion the appeal will be dismissed.

Relies on Modern Woodmen of America v. Ghromley · Banks v. Watson · Dailey v. Citizens' Nat. Bank of Pawhuska

Decided 1952-12-23

BINGAMAN, J.

¶1The defendants in error move to dismiss the appeal for the reason that the case-made attached to and made a part of the petition in error does not show that it was filed in the office of the clerk of the trial court as required by 12 O.S. 1951 §958. The case-made does not show that it has been filed in the office of the clerk of the trial court and the statutory time in which to perfect an appeal has expired. Following an unbroken line of decisions by this court, the motion must be sustained. Banks v. Watson, 40 Okla. 450, 139 P. 306; Dailey v. Citizens National Bank of Pawhuska, 89 Okla. 94, 214 P. 116; In re Sexton’s Estate, 90 Okla. 37, 215 P. 773; Miller v. Berryman, 169 Okla. 524, 37 P. 2d 975; Harner v. Beese, 175 Okla. 641, 54 P. 2d 321.

¶2Appeal dismissed.

HALLEY, V.C.J., and WELCH, CORN, GIBSON, DAVISON, JOHNSON, and O’NEAL, JJ., concur.