McCOMMAS v. SECURITY STATE BANK

McCOMMAS v. SECURITY STATE BANK
1926 OK 910
250 P. 802
122 Okla. 52
Case Number: 17463
Decided: 11/16/1926
Supreme Court of Oklahoma

McCOMMAS
v.
SECURITY STATE BANK et al.

Syllabus

¶0 1. Appeal and Error--Lack of Jurisdiction--Action on Motion for New Trial Before Filed a Nullity.
The order of the court overruling the motion for a new trial, which is not on file at the time the order is made, is a nullity, the exception taken a nullity, and the notice of intention to appeal without force and effect to give this court jurisdiction to consider appeal on its merits.
2. Same--Premature Proceedings on Appeal--Dismissal.
Proceedings in error brought in this court, before the application for new trial on written grounds are passed upon by the trial court, are prematurely brought and should be dismissed.

John S. Burger and T. G. Wyley, for plaintiff in error.
J. E. Curran and S. H. King, for defendants in error.

PER CURIAM.