1. APPEAL AND ERROR — Case-Made — Attestation — Seal. Where the certificate of the trial judge to a purported case-made is not attested by the clerk of the court and the seal of the court attached to such attestation, such purported case-made is a nullity and presents no question for review.
2. APPEAL AND ERROR — Transcript — Form — Seal. Where a purported case-made is attempted also to be certified as a transcript, the certificate of the certifying clerk must be substantially in the form required by rule 16 of this court (38 Okla. viii, 137 Pac. x) and have the seal of the clerk attached to such certificate; and, if the seal of said court be not so attached, such attempted transcript is a nullity and presents no question for review.
(Syllabus by Collier, C.)
Opinion by COLLIER, C. (after stating the facts as above).
The certificate of the trial judge to the purported case-made filed in this case not being attested by the clerk of such trial court, with the seal of such court attached, such purported case-made is a nullity, and confers no jurisdiction upon this court to review any question presented by such purported case-made. Stallard v. Knapp, 9 Okla. 591, 60 P. 234; Oligschlager v. Grell, 13 Okla. 632, 75 P. 1131; Montemat v. Johnson, 42 Okla. 443, 141 P. 779.
Rule 16 of this court (38 Okla. viii, 137 Pac. x) prescribes the form of a certificate to a transcript when the appeal to this court is upon a transcript of the record of the trial court, and prescribes that such certificate must be under the seal of said court, and, as the certificate of said clerk to the purported case-made is not made under the seal of said court, consequently said purported case-made cannot be considered as a transcript of the record of the proceedings of the trial court in this cause. Childers v. Fleetwood, 39 Okla. 455, 135 P. 931.
As the purported case-made is a nullity, and the same cannot be regarded as a transcript, this appeal should be dismissed.
By the Court: It is so ordered.