Shain

This is an appeal from an order granting a motion to vacate the levy of an execution.

The transcript contains a copy of the notice of the motion, indorsed “Read on hearing of motion to vacate levy of execution, November 16,1888. James Gr. Maguire, Judge”; also a copy of the affidavit used, indorsed in the same manner, a copy of the order granting the motion, of the notice of appeal, and the affidavit of service thereof.

When the cause was called for argument to-day (February 11th), the respondent moved to dismiss the appeal, on the ground that there was nothing in the record to show that the court below acted solely upon the papers referred to in the transcript, and the motion was granted.

It is claimed by appellant that the indorsement made by the judge is a sufficient authentication of the papers used; that no other certificate is necessary to identify them, and that a bill of exceptions is unnecessary.

There is nothing to show that all of the papers used on the hearing in the court below are before us in this transcript. The judge may have granted the motion on account of the invalidity of the judgment; the execution *15 itself may have been void. It is claimed by appellant…