Hudson v. Gilbert
| Decision Date | 01 February 1938 |
| Docket Number | Case Number: 28288 |
| Citation | 75 P.2d 1139,182 Okla. 43,1938 OK 68 |
| Parties | HUDSON et al. v. GILBERT, Rec. |
| Court | Oklahoma Supreme Court |
¶0 APPEAL AND ERROR--Insufficiency of Transcript for Review of Alleged Errors.
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, McCurtain County; Geo. R. Childers, Judge.
Action by John J. Gilbert, as receiver for Gum Bros. Company, Inc., against M. F. Hudson et ux. to foreclose a mortgage. Judgment for plaintiff, and defendants appeal. Dismissed.
M. F. Hudson and Bascom Coker, for plaintiff in error.
Little & Bowman, for defendant in error.
¶1 Plaintiffs in error filed their transcript of a proceeding on November 30, 1937, and attached thereto is a certificate of the court clerk naming certain instruments included in the transcript and certifying that they are each full, true and exact copies of the originals of such instruments as the same appear on file and of record in the office of the court clerk of McCurtain county in cause No. 9584, entitled John I. Gilbert, as receiver for Gum Brothers Company, a Corporation, Plaintiff, v. M. F. Hudson et al., Defendants.
¶2 We are of the opinion that such certificate is insufficient, and hold that the cause must be dismissed under the following authorities: Schabel v. Wright, 179 Okla. 73, 64 P. (2d) 855; Render v. Dodson, 179 Okla. 352, 66 P. (2d) 14; Wade v. Mitchell, 14 Okla. 168, 79 P. 95; McGuire v. Rash, 89 Okla. 132, 214 P. 698; Thomas v. Potter, 164 Okla. 212, 23 P. (2d) 381.
¶3 The appeal is dismissed.
To continue reading
Request your trial
-
Hunter v. Pepis
...copy of the record or of all the proceedings properly a part of the record. Render v. Dodson, 179 Okla. 352, 66 P.2d 14; Hudson v. Gilbert, 182 Okla. 43, 75 P.2d 1139. ¶10 The certificate is sufficient. It is not deficient as in the cases cited and relied upon where certain instruments form......
- Hudson v. Gilbert
- Braddock v. Wilkins
-
Hunter v. Pepis
...copy of the record or of all the proceedings properly a part of the record. Render v. Dodson, 179 Okl. 352, 66 P.2d 14; Hudson v. Gilbert, 182 Okl. 43, 75 P.2d 1139. certificate is sufficient. It is not deficient as in the cases cited and relied upon where certain instruments forming a part......