APPEAL AND ERROR — Dismissal — Notice of Settlement of Case-Made. The syllabus in First National Bank, etc., v. Daniels, 26 Okla. 383, 108 P. 748, is made the syllabus of this case.
(Syllabus by the Court.)
TURNER, C. J.
It failing to appear from the record or otherwise that defendant was present, either in person or by counsel, at the settlement of the case-made filed herein, or that notice of the time thereof was served or waived, the motion to dismiss this proceeding in error is sustained, and it is so ordered. First National Bank, etc., v. Daniels, 26 Okla. 383, 108 P. 748.
All the Justices concur.