Phillips v. Hackler

Decided December 21, 1915

Supreme Court of Oklahoma · decided 1915-12-21

<p> Error from, District Court, Bryan County; Jesse M. Hatchett, Judge. </p> <p>Action by Mary Hackler against Charles A. Phillips and others. Judgment for plaintiff, and defendants bring error.</p>

Cited by 2 later decisions — most recently May 1926

2 state decisions

Relies on National Surety Co. v. Oklahoma Presbyterian College for Girls

Good law ✅— No negative treatment on recordhow we know

Dismissed · Decided 1915-12-21

View the full empirical analysis of this case →

KANE, C. J.

¶1 This cause comes on to be heard upon a motion to dismiss, filed by the defendant In error upon the following ground:

“The judgment rendered herein is a joint judgment in favor of Mary Hackler against three defendants, Sam Dane, Chas. A. Phillips, and Victor C. Phillips. The de *587 fendants Chas. A. Phillips and Victor C. Phillips filed motion for new trial, which was overruled and time given in which to serve case-made. No case-made was ever served on the defendant Sam Dane. There is no showing of service on Sam Dane and no waiver by him. This renders the case-made void; and, since this is an appeal by case-made, there is nothing for, the court to consider, and hence the same should be dismissed.”

¶2 This contention seems to be well taken. It is supported by National Surety Co. v. Oklahoma Presbyterian College, 38 Okla. 429, 132 Pac. 652, cited by the movants, and by many other cases.

¶3 The motion to dismiss is sustained.

All the Justices concur.