INDUSTRIAL BLDG. & LOAN ASS'N v. CUNNINGHAM

INDUSTRIAL BLDG. & LOAN ASS'N v. CUNNINGHAM
1938 OK 359
80 P.2d 228
183 Okla. 125
Case Number: 28512
Decided: 05/24/1938
Supreme Court of Oklahoma

INDUSTRIAL BUILDING & LOAN ASS'N
v.
CUNNINGHAM et al

Syllabus

¶0 1. APPEAL AND ERROR--Appeal by Transcript--Motion for New Trial and Order not Part of Record.
A motion for new trial and an order mode thereon are no part of the record of the trial court which can be brought to this court by transcript unless incorporated therein by bill of exceptions.

Appeal from District Court, Tulsa County; Harry L. S. Halley, Judge.

Action by the Industrial Building & Loan Association against Willard Cunningham et al. to foreclose a mortgage. Judgment for defendant, and plaintiff appeals. Dismissed.

O. G. Rollins, for plaintiff in error.
Silverman, Rosenstein & Rinehart, for defendants in error.

PER CURIAM.

¶1 This is an appeal by transcript. The appeal is from the order sustaining the motion for a new trial. A motion to dismiss has been filed for the reason that the order sustaining the motion for new trial is not a part of the record. The appeal must be dismissed. This court has many times held that motions and rulings thereon are no part of the record and cannot be presented to this court by transcript. Chase v. Byrnes, 147 Okla. 118, 294 P. 786; Adams Royalty Co. v. Faulkner, 176 Okla. 423, 55 P.2d 1033; Mitchell v. Peerson, 179 Okla. 521, 66 P.2d 1.

¶2 The appeal is dismissed.