Opinion
No. 26253.
February 18, 1936.
(Syllabus.)
1. Appeal and Error — Appeal by Transcript From Order of Dismissal — Insufficient Record.
A transcript of the record of the district court presents no question in this court from an order dismissing the action where the same does not appear of record.
2. Same — Failure of Record to Contain Final Judgment.
Where the record contains no final judgment of the trial court, a statement in the certificate, by the trial judge, that such judgment was entered, or the minutes of the clerk, are no part of the record and will not be considered by this court.
Appeal from District Court, Creek County; Mark L. Bozarth, Judge.
Proceeding on appeal from the probate court in the matter of the Guardianship of Wilson Clinton. From an order dismissing the appeal, plaintiff in error prosecuted error. Dismissed.
W.F. Semple, Grady Lewis, and W.E. Foltz, for plaintiff in error.
Walker Lewis, Eben L. Taylor, and Gibson, Maxey Holleman, for defendants in error.
The appeal is from an order dismissing an appeal from the probate court to the district court. A motion to dismiss was sustained by the trial judge in the district court, but no copy of the order of dismissal appears in the record.
A motion to dismiss has been filed herein for the reason that the errors complained of cannot be reviewed by transcript. A response was called for, but no response has been filed. This court has held that a motion to dismiss and the proceedings had thereon are not a part of the record and can only be brought to this court by a bill of exceptions or case-made. Belcher v. Wasson, 13 Okla. 648, 75 P. 1131; Ford v. McIntosh, 22 Okla. 423, 98 P. 341; Black v. Kuhn, 6 Okla. 87, 50 P. 80; McMeachan v. Christy, 3 Okla. 301, 41 P. 382.
This appeal is therefore dismissed.
McNEILL, C. J., and RILEY, WELCH, PHELPS, and CORN, JJ., concur.