CABLE v. MYERS.

CABLE v. MYERS.
1914 OK 400
142 P. 1114
43 Okla. 302
Case Number: 6688
Decided: 09/01/1914
Supreme Court of Oklahoma

CABLE
v.
MYERS.

Syllabus

¶0 APPEAL AND ERROR--Presentation for Review. Rulings of a trial court upon motion cannot be reviewed by this court, unless made a part of the record by bill of exceptions or case-made.

T. G. Cutlip, for plaintiff in error.
R. Park Wyatt, for defendant in error.

BLEAKMORE, J.

¶1 This case presents error from the superior court of Pottawatomie county, and is an appeal from a final order of that court upon the motion of plaintiff in error to retax costs. Attached to the petition in error is a purported transcript of the record. There is neither case-made nor bill of exceptions; and, for these reasons, defendant in error has filed his motion to dismiss this proceeding. This court has repeatedly held that the rulings of a trial court upon motion cannot be reviewed here, unless such matters are made a part of the record by bill of exceptions or case-made. In Bruner et al. v. Kansas Moline Plow Co., 24 Okla. 158, 103 P. 673, it was held:

"The only way that this court may re-examine the taxing of costs in the trial court is on appeal, by means of a bill of exceptions or case-made."

¶2 It follows that the motion to dismiss this case should be sustained; and it is so ordered.

¶3 All the Justices concur.