Opinion
No. 28341.
April 26, 1938.
(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, Pittsburg County; R.W. Higgins, Judge.
Action on contract by the Atlas Supply Company et al. against J.F. Henderson et al. From a judgment for plaintiffs, defendants appeal. Dismissed.
James W. Flinn, for plaintiffs in error.
W.R. Banker, for defendants in error.
A motion to dismiss has been filed upon the ground that the judgment was rendered on June 23, 1937, and that there was filed in this court under date of December 21, 1937, a transcript of the proceedings which does not purport to be a case-made, and that the certificate of the court clerk is insufficient under the decisions of this court.
The appeal 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.
The appeal is dismissed.
BAYLESS, V. C. J., and CORN, GIBSON, HURST, and DAVISON, JJ., concur.