Supreme Court of Oklahoma, 1915

Lewis v. Lynde-Bowman-Darby Co.

Lewis v. Lynde-Bowman-Darby Co.
Supreme Court of Oklahoma · Decided September 21, 1915 · Devereux
151 P. 1045; 51 Okla. 271; 1915 OK 666; 1915 Okla. LEXIS 967

Lewis v. Lynde-Bowman-Darby Co.

Opinion of the Court

*272 Opinion by

DEVEREUX, C.

(after stating the facts as above). It has been repeatedly held by this court that, to have errors occurring at the trial of a case reviewed by this court, a motion for a new trial must have been filed and acted on by the trial court, and exceptions saved to the judgment of the court in passing on the motion for a new trial. Martin v. Gassert, 17 Okla. 177, 87 Pac. 586; Meyer v. James, 29 Okla. 7, 115 Pac. 1016; Board of Com’rs of Beaver County v. Langston, 41 Okla. 715, 139 Pac. 956. No motion for a new trial having been filed in this case, and all of the alleged errors complained of having occurred at the trial, the appeal should be dismissed.»

We therefore recommend that the appeal be dismissed.

By the Court: It is so ordered.

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