Opinion
No. 6688
Opinion Filed September 1, 1914.
APPEAL AND ERROR — Presentation for Review. Rulings of a trial court upon motion cannot be reviewed by this court, unless made a part of the record by bill of exceptions or case-made.
(Syllabus by the Court.)
Error from Superior Court, Pottawatomie County; George C. Abernathy, Judge.
Action between W. T. Cable and W. E. Myers. From an order of the court upon motion to retax costs, Cable brings error. Appeal dismissed.
T. G. Cutlip, for plaintiff in error.
R. Park Wyatt, for defendant in error.
This case presents error from the superior court of Pottawatomie county, and is an appeal from a final order of that court upon the motion of plaintiff in error to retax costs. Attached to the petition in error is a purported transcript of the record. There is neither case-made nor bill of exceptions; and, for these reasons, defendant in error has filed his motion to dismiss this proceeding.
This court has repeatedly held that the rulings of a trial court upon motion cannot be reviewed here, unless such matters are made a part of the record by bill of exceptions or case-made. In Bruner et al. v. Kansas Moline Plow Co., 24 Okla. 158, 103 P. 673, it was held:
"The only way that this court may re-examine the taxing of costs in the trial court is on appeal, by means of a bill of exceptions or case-made."
It follows that the motion to dismiss this case should be sustained; and it is so ordered.
All the Justices concur.