In Re Clinton's Guardianship

1936 OK 168, 54 P.2d 609, 176 Okla. 113, 1936 Okla. LEXIS 116

Opinion

PER CURIAM.

Tbe appeal is from an order dismissing an appeal from tbe probate court to tbe district court. A motion to dismiss was sustained by tbe trial judge in the district court, but no copy of the order .of dismissal appears in tbe record.

A motion to dismiss has been filed herein for tbe reason that tbe errors complained of cannot be reviewed by transcript. A response was called for, but no response has been filed. Tbis court has held that a motion to dismiss and the proceedings bad thereon are not a part of tbe record and can only be brought to this court by a bill of exceptions or case-made. Belcher v. Wasson, 13 Okla. 648, 75 P. 1131; Ford v. McIntosh, 22 Okla. 423, 98 P. 341; Black v. Kuhn, 6 Okla. 87, 50 P. 80; McMeachan v. Christy, 3 Okla. 301, 41 P. 382.

This appeal is therefore dismissed.

McNEILL, C. J., and RILEY, WELCH. .-PHELPS, and CORN, JJ., concur.