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CAMPBELL v. AETNA BLDG. LOAN ASS'N

Supreme Court of Oklahoma.

May 24, 1938

Judgment

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(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.

PER CURIAM.

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.