Mead v. Vance

1925 OK 448, 236 P. 889, 110 Okla. 167, 1925 Okla. LEXIS 802

• Court: Supreme Court of Oklahoma
• Decided: June 2, 1925
• Docket: 15023
• Status: Published

Opinion

Opinion by

PINKBDAM, O.

In this ease the plaintiff in error seeks the reversal of a judgment of the trial court. The record, however, fails to Shaw: what, if any, judgment the court rendered upon the verdict of the jury in favor of the defendant in error. The transcript or case-made does not contain a copy of the final order or judgment rendered, by the trial court. There appears in the transcript • or case-made a statement of the court reporter to the effect that the court rendered judgment in accordance with the verdict of the jury, but this treatment does hot constitute a final judgment The record before us does not show any final judgment was ever rendered in the case or is of record in the trial court.

“A record which fails to contain a copy of the final order or judgment sought to be reversed and in which it is not made to appear that the same is of record in the trial court presents no question to this court for determination and the appeal will toe dismissed.” Meadors v. Johnson, 27 Okla. 543 112 Pac. 1121; Courtney v. Moore, 51 Okla. 628 151 Pac. 1178: Shuck v. Moore. 48 Okla. 533, 150 Pac. 461; In re Garland, 52 Okla. 585, 153 Pac. 153; Negin v. Picher Lumber Co., 77 Okla. 285.

In this state of the record we think the appeal should toe dismissed.

By the Court: It is so ordered.