CAMPBELL v. AETNA BLDG. & LOAN ASS'N.

CAMPBELL v. AETNA BLDG. & LOAN ASS'N.
1938 OK 354
79 P.2d 791
183 Okla. 28
Case Number: 28444
Decided: 05/24/1938
Supreme Court of Oklahoma

CAMPBELL et al
v.
AETNA BLDG. & LOAN ASS'N

Syllabus

¶0 1. APPEAL AND ERROR--Appeal by Transcript--Motion to Vacate Judgment and Ruling Thereon not Part of Record.
A motion to vacate and set aside a judgment and the order of the court thereon are not parts of the record, unless they are brought into the same by bill of exceptions or case-made.

Appeal from District Court, Tulsa County; Harry L. S. Halley, Judge.

Action to foreclose a mortgage by the Aetna Building & Loan Association against Tobe Campbell and Elsie Campbell. From an order overruling a motion to vacate the judgment for the plaintiff, defendants appeal. Dismissed.

W. R. Kerr, for plaintiffs in error.
Duff & Manatt, for defendant in error.

PER CURIAM.

¶1 This is an appeal by transcript. On the 4th day of September, 1937, the court overruled a motion to vacate a judgment entered on the 16th day of February, 1935. Motions and rulings thereon are not a part of the record and cannot be presented to this court by transcript. Whitaker v. Chestnut, 65 Okla. 122, 165 P. 160; Davis v. Lammers, 23 Okla. 338, 100 P. 514; Devault v. Merchants' Exchange Co., 22 Okla. 624, 98 P. 342.

¶2 The appeal is dismissed.