Savery v. Cochran

Supreme Court of Oklahoma

Savery v. Cochran

1935 OK 1088, 51 P.2d 290, 174 Okla. 511, 1935 Okla. LEXIS 1286

CourtSupreme Court of Oklahoma

DecidedNovember 5, 1935

DocketNo. 26551.

StatusPublished

Cited by1 cases

This text of 1935 OK 1088 (Savery v. Cochran) 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

Savery v. Cochran, 1935 OK 1088, 51 P.2d 290, 174 Okla. 511, 1935 Okla. LEXIS 1286 (Okla. 1935).

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Opinion

PER CURIAM.

On the 17th day of December, 1930, a judgment was rendered in the trial court, and thereafter the defendants filed motion to vacate the said judgment, and on the 13th day of February, 1935, tbe court entered its order vacating and setting aside said judgment, from which plaintiff appeals.

Although a case-made was served upon the defendants in error, the same was never set- *512 tied and signed by tbe judge, nor is it stipulated that the same is a true and correct case-made. The appeal is therefore by transcript.

This court has many times held that motion and the rulings made thereon are no part of the record unless incorporated in a case-made or bill of exceptions and presented to this court. Hill v. Okla. Life Ins. Co., 173 Okla. 472, 50 P. (2d) 320; First National Bank v. McIntosh, 113 Okla. 15, 237 P. 460; Lamb v. Young, 24 Okla. 614, 104 P. 335; Exchange Nat. Bank v. Merritt, 104 Okla 184, 235 P. 180; Whitaker v. Chestnut, 65 Okla. 122, 165 P. 160. The motion to vacate and the order thereon therefore are not before this court.

The appeal is therefore dismissed.

McNEILL, C. J., and RILEY, BUSBY, CORN, and GIBSON, JJ., concur.

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PER CURIAM.

On the 17th day of December, 1930, a judgment was rendered in the trial court, and thereafter the defendants filed motion to vacate the said judgment, and on the 13th day of February, 1935, tbe court entered its order vacating and setting aside said judgment, from which plaintiff appeals.

Although a case-made was served upon the defendants in error, the same was never set- *512 tied and signed by tbe judge, nor is it stipulated that the same is a true and correct case-made. The appeal is therefore by transcript.

This court has many times held that motion and the rulings made thereon are no part of the record unless incorporated in a case-made or bill of exceptions and presented to this court. Hill v. Okla. Life Ins. Co., 173 Okla. 472, 50 P. (2d) 320; First National Bank v. McIntosh, 113 Okla. 15, 237 P. 460; Lamb v. Young, 24 Okla. 614, 104 P. 335; Exchange Nat. Bank v. Merritt, 104 Okla 184, 235 P. 180; Whitaker v. Chestnut, 65 Okla. 122, 165 P. 160. The motion to vacate and the order thereon therefore are not before this court.

The appeal is therefore dismissed.

McNEILL, C. J., and RILEY, BUSBY, CORN, and GIBSON, JJ., concur.

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1935 OK 1088, 51 P.2d 290, 174 Okla. 511, 1935 Okla. LEXIS 1286, Counsel Stack Legal Research, https://law.counselstack.com/opinion/savery-v-cochran-okla-1935.

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