Cunningham v. McCray

From a judgment of the district court of Creek county and the order overruling the motion for new trial, the plaintiff in error appeals. Defendant in error has filed in this court a motion to dismiss the appeal upon the grounds that there is no order of the court overruling the motion for new trial incorporated in the record. No journal entry of the order overruling the motion for new trial appears in the record filed in this court. The only showing that the motion for new trial was overruled appears from the pronouncement of the court as shown by the stenographer’s transcript and a recital…