WISEMAN v. LOWERY

WISEMAN v. LOWERY
1937 OK 653
75 P.2d 480
181 Okla. 607
Case Number: 28179
Decided: 11/09/1937
Supreme Court of Oklahoma

WISEMAN
v.
LOWERY et al.

Syllabus

¶0 1. APPEAL AND ERROR - Record - Objection to Confirmation of Sheriff's Sale and Ruling Thereon not in Record Without Bill of Exceptions or Case-Made.
An objection to the confirmation of a sheriff's sale presented to the trial court and the ruling thereon are not properly a part of the record, and can only be presented and preserved for review on an appeal to the Supreme Court by incorporating the same in a bill of exceptions or case-made.
2. SAME - Dismissal Where Errors Alleged not Reviewable on Transcript of Record.
Where the errors alleged are of such a nature that they cannot be reviewed upon transcript of the record and no case-made or bill of exceptions was served, allowed, or filed, the appeal will be dismissed.

Appeal from District Court, Pontotoc County; H.H. Edwards, Judge.

Action between Harry G. Wiseman and Benjamin H. Lowery et al. From an order refusing to confirm sheriff's sale, the former appeals. Dismissed.

C.F. Green, for plaintiff in error.
Crawford & Huddleston, for defendants in error.

PER CURIAM.

¶1 This is an appeal from an order entered April 9, 1937, refusing to confirm a sheriff's sale. The case must be dismissed. The appeal is by transcript. This court has held that an objection to confirmation of a sheriff's sale and an order made thereon are not a part of the record unless incorporated in a case-made or bill of exceptions. Vann v. Union Central Life Ins. Co., 79 Okla. 17, 191 P. 175.

¶2 The appeal is dismissed.