Supreme Court of Oklahoma, 1938

Industrial Building & Loan Ass'n v. Cunningham

Supreme Court of Oklahoma · Decided May 24, 1938 · Bayless, Phelps, Corn, Gibson, Hurst

80 P.2d 228; 183 Okla. 125; 1938 OK 359; 1938 Okla. LEXIS 194 (Pacific Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Bowman v. Oklahoma Natural Gas Company (Okla. 1963)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

This is an appeal by transcript. The appeal is from the order sustaining the motion for a new trial. A motion to dismiss has been filed for the reason that the order sustaining the motion for new trial is not a part of the record. The appeal must be dismissed. This court has many times held that motions and rulings thereon are no part of the record and cannot be presented to this court by transcript. Chase v. Byrnes, 147 Okla. 118, 294 P. 786; Adams Royalty Co. v. Faulkner, 176 Okla. 423, 55 P.2d 1033; Mitchell v. Peerson, 179 Okla. 521, 66 P.2d 1.

The appeal is dismissed.

BAYLESS, Y. C. J., and PHELPS, CORN, GIBSON, and HURST, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.