Shives v. Frohberg

Supreme Court of Oklahoma
Shives v. Frohberg, 136 P. 399 (Okla. 1913)
40 Okla. 85; 1913 OK 617; 1913 Okla. LEXIS 19
PER CURIAM.

Shives v. Frohberg

Opinion of the Court

PER CURIAM.

This proceeding in error is brought to reverse a judgment rendered upon a demurrer to the evidence, and the errors complained of consist only of errors alleged to *86 have occurred on the trial. The record fails to disclose that a motion for a new trial was filed in the trial court, which motion is necessary in order to review the errors complained of. State v. Poor, 33 Okla. 376, 125 Pac. 726; Stump v. Porter et al., 31 Okla. 157, 120 Pac. 639; State v. Adams, 31 Okla. 775, 123 Pac. 1127; Campbell v. Lane, 31 Okla. 757, 123 Pac. 1061.

The motion to dismiss is sustained.

Reference

Status
Published
Syllabus
APPEAL AND ERROR — Motion for New Trial — Necessity. Syllabus same as State v. Poor, 33 Olda. 376, 125 Pae. 726. (Syllabus by the Court.)