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GEORGE W. GARDENHIRE v. F. H. BURDICK

APPEAL — Case-Made — Sufficiency — Amendment. A case-made which fails to contain a copy of the judgment or final order of the trial court presents no question to this court for review, and such case-made cannot be amended or supplemented by a certified transcript of the judgment.

(Syllabus by the Court.)

Opinion of the court by

BURFORD, C. J.:

This purports to be an appeal from a judgment of the district court of Payne county. The record consists of a case-made, regularly served, signed, authenticated, and filed. The case-made contains no copy of the judgment or final order of the court in said cause. After the case was filed in this court the plaintiff in error moved for a writ of certiorari to the clerk of the district court to bring up a transcript of the judgment. This motion can avail the plaintiff in error nothing, for it is the rule of this court that a case-made, when duly served, signed, authenticated, and filed, cannot be amended or supplemented in this court. The appeal is dismissed at costs of plaintiff in error.

All of the Justices concurring.

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GARDENHIRE v. BURDICK
(Jul 30, 1898)