Shinn v. Oklahoma City Bldg. & Loan Ass'n

Judgment was rendered in the above-entitled cause against the plaintiffs in error, who were defendants below, on the 16th day of March, 1927. Thereafter, on the 19th dav of March, 1927, the defendants filed the'r motion for a new trial. The appeal is by petition in error with case-made attached. The ease-made filed in this court does not contain an order of the trial court overruling the motion for new trial, the only showing made that the motion for new trial was in fact overruled is by mere recital in the case-made to that effect.

This court has held that where the record does not contain an…