Opinion
No. 27193.
January 26, 1937.
(Syllabus.)
Appeal and Error — Appeal by Transcript — Insufficiency of Certificate to Record.
Where a transcript on appeal fails to show affirmatively that it contains a true, full, and complete copy of all of the proceedings on the trial which are properly a part of the record, this court will not review the alleged errors.
Appeal from District Court, Oklahoma County; Sam Hooker, Judge.
Action by Will Wright and another against W.Y. Schabel et al. to foreclose a mortgage. From an order overruling motion to vacate the order confirming sale, defendants appeal. Dismissed.
C.E. McAfee, for plaintiffs in error.
Shirk, Danner Earnhart, for defendants in error.
On the 20th day of November, 1935, the court entered its order refusing to vacate an order confirming sale. The appeal is from that order and is by transcript of the record.
A motion to dismiss has been filed in which it is pointed out that there is no sufficient certificate to the record presented to this court. Without deciding whether or not such order can be presented to this court on a transcript, it appears that the appeal must be dismissed for the reason assigned. See Wade v. Mitchell, 14 Okla. 168, 79 P. 95; Walcher v. Stone, 15 Okla. 130, 79 P. 771.
The appeal is dismissed.
OSBORN, C. J., BAYLESS, V. C. J., and BUSBY, WELCH, PHELPS, CORN, and GIBSON, JJ., concur. RILEY and HURST, JJ., absent.