Lester v. J. J. Gwin Co.

This cause is before the court on a motion to dismiss the appeal for the reason the record presented for review does not contain a copy of the order overruling the motion for new trial.

An examination of the record presented fails to disclose a copy of the order overruling the motion for new trial. ’Hie only showing that the motion for now trial was overruled is by a copy of the clerk’s minutes as shown by the minute book kept by the clerk, and which are not shown to have been recorded in the journal of the court.

This court in a number of casos has held that the clerk’s minutes, though copied…