Opinion
No. 26945.
October 20, 1936.
(Syllabus.)
1. Appeal and Error — Dismissal Where Appeal not Filed Within Six Months After Judgment.
Where an appeal is not presented and filed in this court within six months after the date of judgment entered, such appeal will be dismissed.
2. Same — Appeal From Order Overruling Motion for New Trial — Copy of Order not Contained in Record.
Where the appeal is from the order overruling the motion for new trial, and the record does not contain a copy of the order overruling the motion for new trial, a mere recital constituting the minutes of the clerk in such case-made that such order was overruled is insufficient.
Appeal from Superior Court, Seminole County; C. Guy Cutlip, Judge.
Action upon a note by J.M. Payne against Ben Price. From a judgment for the plaintiff, defendant appeals. Dismissed.
James W. Pipkins, for plaintiff in error.
Anglin Stevenson and Vernon Roberts, for defendant in error.
This appeal was filed in this court January 31, 1936. The only judgment rendered appears under the date of July 19, 1935. The minutes of the clerk show that a motion for new trial was filed and overruled, but the order overruling the same was never filed of record and is not contained in the case-made. A motion to dismiss has been filed which is not contested. The appeal must be dismissed for the reason that it was not filed within six months from the date of the judgment of July 19, 1935, and for the further reason that if the appeal is attempted from the order overruling the motion for new trial, it is necessary that the record contain a copy of the order overruling the motion for new trial. Lillard v. Meisberger, 113 Okla. 228, 240 P. 1067; Reeser Motor Co. v. Reichelderfer. 161 Okla. 282, 18 P.2d 515.
The appeal is therefore dismissed.
McNEILL, C. J., OSBORN, V. C. J., and PHELPS, CORN, and GIBSON, JJ., concur. RILEY, BAYLESS, BUSBY, and WELCH, JJ., absent.