Counsel for defendants in error insists that this proceeding in error should be dismissed (1) for the reason that the record does not disclose that a motion for a new trial was filed or passed upon, and (2) that the petition in error does not allege the overruling of a motion for a new trial as ground for a review and reversal of the judgment.

The motion is well taken as to both grounds. Deering v. Meyers, 29 Okla. 232, 116 Pac. 793; Burrus v. Funk, 29 Okla. 677, 119 Pac. 976; Cox v. Lavine, 29 Okla. 312, 116 Pac. 920; McDonald et al. v. Wilson, 29 Okla. 309, 116 Pac. 920; Meyer v. James, 29 Okla. 7, 115 Pac. 1016.