Tarpenning v. Compton

Decided September 7, 1915

Supreme Court of Oklahoma · decided 1915-09-07

<p>APPEAL AND ERROR — Case-Made—Dismissal on Appeal. Where the record fails to show that the case-made was- filed in the trial court, an attempted appeal will be dismissed.</p> <p>(Syllabus by Crow, C.)</p>

Good law ✅— No negative treatment on recordhow we know

Dismissed · Decided 1915-09-07

How this case has been cited

Cited by 4 later decisions — most recently January 1961

4 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.

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¶1 *42 Opinion By

CROW, C.

¶2 The record in this cause fails to show that the case-made was filed in the trial court. For this reason the appeal must be dismissed. Plaintiffs in error fail to assign as error the overruling of their motion for new trial in the court below, and, it being necessary to review the evidence in order to consider the appeal, this of itself would justify a dismissal. However, the first reason given herein necessitates a dismissal of the appeal.

¶3 We recommend that the appeal be dismissed.

¶4 By the Court: It is so ordered.