Where a transcript on appeal fails to show affirmatively that it contains a true, full, and complete copy of all the proceedings on the trial which are properly a part of the record, this court will not review alleged errors. W. A. Wade et al. v. Edward F. Mitchell, 14 Okla. 168, 79 P. 95. Error from Superior Court, Muskogee County; Guy F. Nelson, Judge.

Opinion Filed November 14, 1911.APPEAL AND ERROR — Transcript — Sufficiency. Same as that in Wade et al v. Mitchell, 14 Okla. 168, 79 P. 95. (Syllabus by the Court.)

This must affirmatively appear from the certificate. Wade v. Mitchell, 14 Okla. 168, 79 P. 95; Thomas v. Potter, supra. The rationale of this rule amply justifies its existence.

It thus appears that plaintiff's claims could very well have been barred by the dissolution proceedings, even though as he states he did not personally receive notice of it. The importance of the omitted exhibit is clearly demonstrated. We held in W.A. Wade v. Edward F. Mitchell, 14 Okla. 168, 79 P. 95, that: "Where a transcript on appeal fails to show affirmatively that it contains a true, full and complete copy of all the proceedings on the trial which are properly a part of the record, this court will not review alleged errors."

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.

A motion to dismiss has been filed on the ground that the certificate of the clerk is not sufficient. The certificate purports to certify that it contains a true and correct copy of certain pleadings filed in the cause. The appeal must be dismissed upon 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.

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. 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. The appeal is dismissed.

We are of the opinion that the case must be dismissed under the rule announced many times by this court. See Wade v. Mitchell, 14 Okla. 168, 79 P. 95; Champion Oil Co. v. Burke, 90 Okla. 33, 215 P. 756. It is true the clerk certified that it is a full, true, correct, and complete copy of certain instruments, and sets out ten instruments. The court cannot presume, or judicially know, that this is all of record unless the clerk's certificate is attached to the transcript stating that it is all of the record.

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.

Such an order imports verity and that there was sufficient evidence to establish the jurisdictional facts necessary to sustain the judgement. ( Daniels v. Isham, 40 Idaho 614, 624, 235 P. 902; Ward v. Board of Commrs., 12 Okl. 267, 70 P. 378; Estate of Barr, 43 Idaho 400-404, 252 P. 676; In re Brady, 10 Idaho 366, 79 P. 95; Estate of McVay, 14 Idaho 56, at 67, 93 P. 28.) The only time that judgments or orders of probate courts in probate matters can be collaterally attacked is when the attack is based on fraud or lack of jurisdiction.