1. APPEAL AND ERROR — Presentation Below — Motion for New Trial. A motion for a new trial is neeessary to give this court jurisdiction to review errors occuring at the trial of a case, where a final judgment has been rendered.
2. SAME — Record — Transcript — Presentation for Review — Dismissal. Where, in an application for an injunction pending the action, the court hears evidence and renders a final judgment dismissing the action, and no motion is filed for a new trial, and there is no certificate of the clerk, certifying the record as a transcript, this court has no jurisdiction to consider any of the alleged errors, and the appeal will he dismissed.
(Syllabus by Devereux, C.)
Opinion by DEVEREUX, C. (after stating the facts as above).
The judgment in this case is a final judgment, because it dismisses the action, and there is no motion for a new trial; nor is there any certificate of the clerk which will enable us to review the record as a transcript. There is therefore nothing before this court. Stanard v. Sampson, 23 Okla. 13, 99 P. 796; Boyd v. Bryan, 11 Okla. 56, 65 P. 940; Bradford v. Brennan, 15 Okla. 47, 78 P. 387; Ahren-Ott Mfg. Co. v. Condon, 23 Okla. 365, 100 P. 556.
As there is no certificate of the clerk authenticating this as a transcript, this court is without jurisdiction to consider any errors which might appear on the face of the record.
We therefore recommend that the appeal be dismissed.
By the Court: It is so ordered.