Opinion
No. 22215
Opinion Filed February 14, 1933.
(Syllabus.)
1. Appeal and Error — Nullity of Case-Made not Legally Served and Settled.
A purported case-made not served and settled according to law is a nullity and brings nothing to this court for review.
2. Same — Review Upon Transcript — Assignments of Error not Supported by Bill of Exceptions.
Motions and the evidence in a proceeding are not a part of the record and cannot be brought to this court upon a transcript unless a bill of exceptions signed by the court and allowing the same is had within the statutory time or some legal order extending such time.
Appeal from District Court, Tulsa County; Harry L.S. Halley, Judge.
Action between the Southwest Homes Corporation and Dorothy T. Barker and another. From an order of the district court refusing to discharge a receiver, the latter appeal. Dismissed.
Norman Barker, for plaintiffs in error.
Yancey, Spillers Fist, for defendant in error.
This case arises upon a motion to dismiss the appeal because no case-made was served on the defendant in error and the assignments of error are not supported by bill of exceptions signed and allowed by the court necessary to present the errors claimed.
The only error claimed of merit is that the court erred in overruling the motion to discharge the receiver. No bill of exceptions having been allowed, this matter is not before the court, and the statement of appellants that they claim error in that the petition never stated a cause of action is without merit and it does not appear that the petition was ever attacked before this argument in the brief.
No case-made having been settled and signed as by law provided and no bill of exceptions bringing the error complained of having been allowed, the case is dismissed.
Note. — See under (1) 2 R. C. L. 158, 159; (2) 2 R. C. L. 127, 128; R. C. L. Perm. Supp. p. 339; R. C. L. Pocket Part, title "Appeal," § 103.