Opinion
No. 28444.
May 24, 1938.
(Syllabus.)
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.
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.
The appeal is dismissed.
BAYLESS, V. C. J., and PHELPS, CORN, GIBSON, and HURST, JJ., concur.