COLLIER v. COLLIER

COLLIER v. COLLIER
1942 OK 209
126 P.2d 243
190 Okla. 616
Case Number: 30479
Decided: 05/26/1942
Supreme Court of Oklahoma

COLLIER
v.
COLLIER

Syllabus

¶0 1. APPEAL AND ERROR--Inquiry into its jurisdiction by Supreme Court on its own motion.
This court may on its own motion inquire into its jurisdiction on appeal lodged in this court.
2. SAME--Dismissal of appeal by transcript--Motions and rulings thereon not part of record proper.
Motions and rulings made thereon are not a part of the record and unless incorporated in the case-made or bill of exceptions an appeal based thereon which is attempted to be presented by transcript will be dismissed.

Appeal from District Court, Oklahoma County; Frank P. Douglass, Judge.

Proceeding by Clara Collier for revivor of a dormant judgment. From an adverse judgment, defendant, W. B. Collier, appeals. Dismissed.

Leon Shipp, of Oklahoma City, for plaintiff in error.
Ben La Fon, of Oklahoma City, for defendant in error.

PER CURIAM.

¶1 This is a proceeding by Clara Collier to revive a dormant judgment. The defendant appeals and assigns various specifications of error, among which are: (1) The court erred in reviving the judgment upon motion without issuance of summons; (2) that the court erred in refusing a continuance to the defendant.

¶2 The appeal is by transcript. This court has held that it may inquire into its own jurisdiction in an appeal. Howard v. Arkansas, 59 Okla. 206, 158 P. 437; Little v. Employer's Casualty Co., 180 Okla. 628, 71 P.2d 687.

¶3 Motions and rulings made thereon are not a part of the record, and in the absence of the presentation of alleged errors in such proceeding by case-made or bill of exceptions, this court is without jurisdiction to review, and an appeal based thereon which is presented by transcript will be dismissed. Dime Savings & Trust Co. v. Abel et al., 185 Okla. 461, 94 P.2d 834; Hill v. Oklahoma Life Ins. Co., 173 Okla. 472, 50 P.2d 320; Whitaker v. Chestnut, 65 Okla. 122, 165 P. 160; Lookabaugh v. LaVance, 6 Okla. 358, 49 P. 65.

¶4 The appeal being by transcript, the court is without jurisdiction to review the alleged errors and the cause must be and the same is hereby dismissed.

¶5 WELCH, C. J., CORN, V. C. J., and RILEY, OSBORN, BAYLESS, GIBSON, and DAVISON, JJ., concur. HURST and ARNOLD, JJ., absent.