Schabel v. Wright
| Decision Date | 26 January 1937 |
| Docket Number | Case Number: 27193 |
| Parties | SCHABEL et al. v. WRIGHT et al. |
| Court | Oklahoma Supreme Court |
¶0 APPEAL AND ERROR
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.
Proceeding to foreclose a mortgage by Will Wright and another against W. Y. Schabel and others. From an order overruling a motion to vacate the order confirming the sale, the defendants appeal. Appeal dismissed.
C. E. McAfee, of Oklahoma City, for plaintiffs in error.
Shirk, Danner & Earnheart, of Oklahoma City, for defendants in error.
¶1 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.
¶2 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 Okl. 168, 79 P. 95; Walcher v. Stone, 15 Okl. 130, 79 P. 771.
¶3 The appeal is dismissed.
RILEY and HURST, JJ., absent.
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...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. ......
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