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BANK OF STILWELL v. MORRIS

Oklahoma Supreme Court1914-02-10No. No. 3650
41 Okla. 429138 P. 790

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Opinion

majority opinion

Opinion by

GALBRAITH, C.

This is an appeal by petition in error and case-made. The record, however, presents no question to this court for review, for the reason that the case-made was not “filed with the papers in the case” in the trial court as required by section 5243, Rev. Laws 1910. This requirement is jurisdictional, and a compliance therewith is necessary to give this court power to- review the errors assigned. Graham et al. v. Atwood, ante, 136 Pac. 1080. The petition in error was filed in this court January 30, 1912. The time for correcting a defect of this character has expired by limitation.

The appeal should therefore be dismissed.

By the Court: It is so ordered.