Cable v. Myers

Decided September 1, 1914

Supreme Court of Oklahoma · decided 1914-09-01

Error from Superior Court, Pottawatomie County; George C. Abernathy, Judge. Action between W. T. Cable and W. E. Myers. From an order of the court upon motion to retax costs, Cable brings error.

Key passage — most relied on by later courts

““This court has repeatedly held that the rulings of a trial court upon motion cannot be reviewed here unless such matters are made a part of the record by bill of exceptions or case-made.””

quoted by 1 later decision, including Illinois Bankers Life Assurance Co. v. Bell

Relies on Bruner v. Kansas Moline Plow Co.

Good law ✅— No negative treatment on recordhow we know

Appeal dismissed · Decided 1914-09-01

How this case has been cited

Cited by 8 later decisions — most recently September 1935

8 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

BLEAKMORE, J.

¶1 This case presents error from the superior court of Pottawatomie county, and is an appeal from a final order of that court upon the motion of plaintiff in error to retax costs. Attached to the petition in error is a purported transcript of the record. There is neither case-made nor bill of exceptions; and, for these reasons, defendant in error has filed his motion to dismiss this proceeding.

¶2 This court has repeatedly held that the rulings of a trial court upon motion cannot be reviewed here, unless such matters are made a part of the record by bill of exceptions or case-made. In Bruner et al. v. Kansas Moline Plow Co., 24 Okla. 158, 103 Pac. 673, it was held:

“The only way that this court may re-examine the taxing of costs in the trial court is on appeal, by means of a bill of exceptions or case-made.”

¶3 It follows that the motion to dismiss this case should be sustained; and it is so ordered.

All the Justices concur.