Tribal Development Co. v. White Bros.

Citations

• 114 P. 736
• 28 Okla. 525
• 1911 OK 117
• 1911 Okla. LEXIS 144

Syllabus

<p>1. APPEAL AND ERROR — Record—Motions Presented in Trial Court. Motions presented in the trial court, including a motion for a new trial and the ruling thereon and exceptions taken are not a part of the record proper, and can be preserved and presented for review on appeal only by incorporating the same into a bill of exceptions or case-made.</p> <p>2. , APPEAL AND ERROR — Record Proper. Under the uniform ruling in this jurisdiction, the record proper is made up of the petition, the process, return, pleadings subsequent thereto, reports, verdicts, orders, and judgments, and an error appearing upon the face thereof may be raised for the first time in this court on a transcript thereof accompanied by a petition in error duly presenting the same.</p> <p>3. APPEAL AND ERROR — Reservation of Grounds of Review. While the trial court may under a motion for a new trial duly filed to the report of a referee examine the evidence for the purpose of correcting errors occurring on the trial, this court may not do so unless the motion for new trial and the ruling thereon is brought into the record either by bill of exceptions or case-made.</p> <p>4. APPEAL AND ERROR — Review—Presumptions. Where it appears from the record that a referee was appointed and made his report with his findings of fact and' conclusions of law and the trial court has rendered judgment thereon, but the order making the appointment is not in the record, this court, on appeal for the purpose of sustaining the judgment entered, will presume the order of reference to be in all respects sufficient to support the judgment.</p> <p>5. REFERENCE — Conclusions of Law By Referee — Effect. The conclusions of law made by a referee on his findings of fact are in no particular binding upon the trial court, and they may be set aside or modified to any extent without a re-refererice of the case or report to the referee.</p> <p>6. REFERENCE — Report and «.Findings! — Correction—Authority of Court. The authority of a court