Where the only errors alleged are in overruling motion for new trial and in not rendering judgment for the plaintiff in error on the pleadings, this court will not consider the same upon a transcript of the record and in the absence of a case-made. Collins v. Garvey, 67 Okla. 36, 171 P. 330; McHenry v. Spears, supra; Miller v. Markley, 49 Okla. 177, 152 P. 345. But it is said that we ought to consider this case, because of its public nature, without regard to the condition of the record.

An examination of the trancript fails to disclose any demurrer to the defendants' answers or any order of the court overruling such demurrers, if they were filed; hence, we cannot consider the assignment that the court erred in overruling demurrers to the answers. The assignments that the court erred in overruling motion for new trial and erred in refusing to render judgment for the plaintiff on the pleadings will not be considered by this court on appeal upon a transcript, but the action of the trial court in regard thereto can only be brought into this court by bill of exceptions or case-made. Collins v. Garvey, 67 Okla. 36, 171 P. 330; McHenry v. Spears, 84 Okla. 28, 202 P. 779. The sufficiency of the evidence and error in the giving or refusing to give instructions will not be reviewed by this court unless the same were brought into the record by bill of exceptions or case-made, as only matters properly a part of the record will be reviewed by this court on transcript, and the record properly consists of petition, answer, reply, demurrer, process, orders, and judgments.

A motion for new trial, and the action of the court in overruling the same, being no part of the record, without case-made or bill of exceptions, cannot be presented to this court by transcript. Collins v. Garvey, 67 Okla. 36, 171 P. 330; Wyant v. Beavers, 63 Okla. 68, 162 P. 732; Miller v. Markley. 49 Okla. 177, 152 P. 345; Vannier v. Frat. Aid Ass'n, 40 Okla. 732. 140 P. 1021. As the record proper in a civil action, under our procedure, consists of the petition, answer, reply, demurrers, process, rulings, orders and judgment (Wyant v. Beavers, supra), we cannot consider whether the court erred in overruling the motion for judgment on the pleadings, where such motion and ruling is not made part of the record by bill of exceptions or case-made unless the motion for judgment in the circumstances of the case may be treated as a demurrer.