Schuck v. Moore

Decided June 29, 1915

Supreme Court of Oklahoma · decided 1915-06-29

Error from Superior Court, Edward Dewes Oldfield, Judge. Action by W. O. Moore against others. Judgment for plaintiff, and defendants bring error. This action was commenced in the defendant in error against H. G. Schuck, A. B. Schuck, Grace M. Schuck, and Anna M. Schuck, as partners, to recover $852.50, alleged to be due by contract.

Relies on Sproat v. Durland · Ford v. McIntosh · Kansas City, M. & O. Ry. Co. v. Fain

Dismissed · Decided 1915-06-29

¶1Opinion by

DEVEREUX, C.

¶2(after stating the facts appeal must be dismissed. It has repeatedly been held by this court that, where the record fails to contain a copy of the final order or judgment sought to be reviewed, and in which it is not made to appear that the same is of record in the trial court, no question is presented to this court for its determination, and the appeal will be dismissed. Sproad v. Durland, 7 Okla. 230, 54 Pac. 458; Denny v. Wright, 13 Okla. 256, 74 Pac. 104; Ford v. McIntosh, 22 Okla. 423, 98 Pac. 341; Meadors v. Johnson, 27 Okla. 543, 117 Pac. 198; Brown v. Territory, 15 Okla. 362, 82 Pac. 647; Kansas City, M. & O. Ry. Co. v. Fain, 34 Okla. 164, 124 Pac. 70.

¶3We therefore recommend that the appeal be dismissed.

¶4By the Court: It is so ordered.