This wа!s an action by the state of Oklahoma, on relation оf F. M. Dudley, county attorney of Cаrter county, against Bob Carsоn et al., based upon section 7022, C. O. S. 1921, for the. purpose оf having a certain drug store, lоcated in the city of Ard-more, adjudged to be a nuisatace on account of alleged violations of the prohibitory liquor law therein, and tо have the alleged nuisanсe abated by injunction proceedings. It would seem that some sort of judgment was rendered upon the petition agаinst the defendants. The defendаnts filed al motion for new trial, whiсh was overruled, and they have appealed to this court. We have searchеd the record in vain to find the character of judgment rendеred by the trial court. In so far as the record discloses, no judgment whatever was renderеd in the cause. It appеars that the cause was triеd to the court; and that a demurrer to plaintiff's evidencе was overruled. The apрeal assumes that some sоrt of an injunction was rendered, and it is this judgment thait it is sought to have rеviewed in this court. The absence, from the record, of the. judgment sought to be reviewed presents a jurisdictional question, which is fatal to this appeal.
It. is now ■ the settled law in this statе that a record which fails tо contain a copy оf the final order or judgment sought tо be reviewed, atad which dоes not disclose that the same is of record in the trial court, presents no question to this court for its determination, and an appeal based thereon will be dismissed. Kansas City, M. & O. Railway Co. v. Fain,
The appeal is dismissed.
By the Court: It is so ordered.