In Re Clinton's Guardianship

Supreme Court of Oklahoma

In Re Clinton's Guardianship

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

CourtSupreme Court of Oklahoma

DecidedFebruary 18, 1936

DocketNo. 26253.

StatusPublished

Cited by1 cases

This text of 1936 OK 168 (In Re Clinton's Guardianship) 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.

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In Re Clinton's Guardianship, 1936 OK 168, 54 P.2d 609, 176 Okla. 113, 1936 Okla. LEXIS 116 (Okla. 1936).

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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.

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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.

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Bluebook (online)

1936 OK 168, 54 P.2d 609, 176 Okla. 113, 1936 Okla. LEXIS 116, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-clintons-guardianship-okla-1936.

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