APPEAL AND ERROR — Record — Dismissal. A record which fails to contain a copy of the final order or judgment sought to be reviewed, and in which it is not made to appear that such order or judgment is of record in the trial court, presents no question to this court for determination, and the appeal will be dismissed.
(Syllabus by Devereux, C.)
Opinion by DEVEREUX, C. (after stating the facts as above).
The petition in error and appeal must be dismissed. It has repeatedly been held by this court that, where the record fails to contain a copy of the final order or judgment sought to be reviewed, and in which it is not made to appear that the same is of record in the trial court, no question is presented to this court for its determination, and the appeal will be dismissed. Sproad v. Durland, 7 Okla. 230, 54 P. 458; Denny v. Wright, 13 Okla. 256, 74 P. 104; Ford v. McIntosh, 22 Okla. 423, 98 P. 341; Meadors v. Johnson, 27 Okla. 543, 117 P. 198; Brown v. Territory, 15 Okla. 362, 82 P. 647; Kansas City, M. O. Ry. Co. v. Fain, 34 Okla. 164, 124 P. 70.
We therefore recommend that the appeal be dismissed.
By the Court: It is so ordered.