First Nat. Bank v. Spears

Supreme Court of Oklahoma

First Nat. Bank v. Spears

1935 OK 744, 48 P.2d 234, 173 Okla. 330, 1935 Okla. LEXIS 618

CourtSupreme Court of Oklahoma

DecidedSeptember 10, 1935

DocketNo. 26433.

StatusPublished

This text of 1935 OK 744 (First Nat. Bank v. Spears) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

First Nat. Bank v. Spears, 1935 OK 744, 48 P.2d 234, 173 Okla. 330, 1935 Okla. LEXIS 618 (Okla. 1935).

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Opinion

PER CURIAM.

The question involved in this ease is whether or not an appeal may be taken by transcript from an order •■which sustains a motion to discharge a writ in garnishment. This matter has been directly passed upon by this court and held to come within the general rule that motions and applications to the court, affidavits in support thereof, and rulings made thereon, are not a part of the transcript or record proper, and can only be considered by this court when presented to the same by case-made or bill of exceptions. Both motions to discharge garnishment and motion to discharge attachment are within this rule. Lamb v. Young, 24 Okla. 614, 104 P. 335; Exchange National Bank of Ardmore v. Merritt, 108 Okla. 184, 235 P. 180.

The plaintiff caused a writ in garnishment to be levied, and the defendant, the judgment debtor, appeared and filed a motion to quash the garnishment and discharge the same, which was by the district court granted. This appeal is from the order made thereon and comes to this court by transcript. Since the above cases hold that the ruling by the court can be presented only upon case-made or bill of exceptions, the appeal Is dismissed.

McNEILL, O. J., OSBORN, V. O. J., and -RILEY, WELCH, CORN, GIBSON, and PHELPS, JJ„ concur. BAYLESS and BUSBY, JJ., absent.

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PER CURIAM.

The question involved in this ease is whether or not an appeal may be taken by transcript from an order •■which sustains a motion to discharge a writ in garnishment. This matter has been directly passed upon by this court and held to come within the general rule that motions and applications to the court, affidavits in support thereof, and rulings made thereon, are not a part of the transcript or record proper, and can only be considered by this court when presented to the same by case-made or bill of exceptions. Both motions to discharge garnishment and motion to discharge attachment are within this rule. Lamb v. Young, 24 Okla. 614, 104 P. 335; Exchange National Bank of Ardmore v. Merritt, 108 Okla. 184, 235 P. 180.

The plaintiff caused a writ in garnishment to be levied, and the defendant, the judgment debtor, appeared and filed a motion to quash the garnishment and discharge the same, which was by the district court granted. This appeal is from the order made thereon and comes to this court by transcript. Since the above cases hold that the ruling by the court can be presented only upon case-made or bill of exceptions, the appeal Is dismissed.

McNEILL, O. J., OSBORN, V. O. J., and -RILEY, WELCH, CORN, GIBSON, and PHELPS, JJ„ concur. BAYLESS and BUSBY, JJ., absent.

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Bluebook (online)

1935 OK 744, 48 P.2d 234, 173 Okla. 330, 1935 Okla. LEXIS 618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-nat-bank-v-spears-okla-1935.

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