Industrial Building & Loan Ass'n v. Cunningham
This text of 1938 OK 359 (Industrial Building & Loan Ass'n v. Cunningham) 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.
Opinion
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.
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Cite This Page — Counsel Stack
1938 OK 359, 80 P.2d 228, 183 Okla. 125, 1938 Okla. LEXIS 194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/industrial-building-loan-assn-v-cunningham-okla-1938.