33 P.2d 915 | Wyo. | 1934
In this case, the Northwestern Terra Cotta Company, a corporation, brought an action, on December 13, 1929, against the defendant, Smith-Turner Hotel Company, a co-partnership, on account of goods and merchandise furnished the defendant in 1924. C.A. Smith was served with summons in the case. There was no appearance on behalf of the defendant and judgment was entered by default on September 26, 1931. Subsequently, a motion appears to have been made, supported by the affidavit of Fred W. Layman, attorney for the plaintiff herein, alleging that the name by which the defendant was sued and in which judgment was entered herein was incorrect, and asked that the name be corrected to the true name of Smith and Turner. On August 18, 1933, the motion was overruled *191 and the relief asked was denied. From that order the plaintiff has appealed to this court.
There is no certificate, as required by Sec. 89-4906, Rev. St. 1931, attached to the bundle of papers before us, called by counsel the record on appeal, which shows, either directly or indirectly, that it is true and correct, and hence there is nothing before us to review. That is so thoroughly established by the decisions of this court that we need but refer to Simpson v. Building and Loan Association,
The appeal must, accordingly, be dismissed. It is so ordered.
Appeal Dismissed. *193