SANDLIN v. DEER

SANDLIN v. DEER
1926 OK 998
251 P. 608
122 Okla. 108
Case Number: 17912
Decided: 12/14/1926
Supreme Court of Oklahoma

SANDLIN
v.
DEER et al.

Syllabus

¶0 Appeal and Error--Defective Record--Absence of Order Overruling Motion for New Trial.
Where the record does not contain an order of the court overruling a motion for new trial, the mere recital in the clerk's minutes of the proceedings in the trial court that a motion for a new trial was in fact overruled and exceptions allowed is insufficient in the absence of such order.

Error from District Court, Okfuskee County; John L. Norman, Judge.

Action between G. L. Sandlin and Eli Roy Deer et al. From the judgment, the former appeals. Dismissed.

T. H. Otteson, for plaintiff in error.
Phillips, Douglass & Duling, for defendants in error.

PER CURIAM.

¶1 Judgment in favor of defendant in error was rendered by the trial court March 23, 1926. Motion for new trial was filed March 25, 1926. On April 19, 1926, the clerk of the court entered the following minutes:

"Motion of G. L. Sandlin for a new trial is overruled, to which the defendant Sandlin excepts and gives notice to the court in open court of his intentions to appeal to the Supreme Court of the state of Oklahoma, and for good cause shown is given 60 days from this date to make and serve a case-made and 10 days thereafter to suggest amendments and five days thereafter to settle upon written notice by either party."