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J. K. COBB & CO. Et Al. v. HANCOCK
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 Pac. 748.
All the Justices concur.
