Bigpond v. Davis

PEB CUBIAM.

This case is appealed from the district court of Creek county, and defendants in error move the dismissal of the appeal upon the ground that there is no order of the court in the record overruling the motion for new trial. There appears in the record the following recital:

“And now this cause came on for further-hearing before the court, and judgment, rendered as per journal entry; and the plaintiff files his motion for a new trial, and said motion is overruled, and exceptions allowed. And now upon notice in open court of the ■plaintiff’s intention te' appeal to the Supreme Court of…