Turner v. Wells

The plaintiff in error attempts to 'appeal from an order overruling motion for new trial on September 26, 1936. An examination of the record discloses that the order overruling motion for new trial is not in the record. In Lillard v. Meisberger, 113 Okla. 228, 240 P. 1067. we said:

“Where the record does not contain an order of the court overruling a motion for new trial, a mere recital (in the case-made) that the motion for new trial was in fact overruled, and exceptions allowed, is insufficient, in the absence of such order, and there is nothing properly before this court for review.”

To the…