Lewis v. Lynde-Bowman-Darby Co.
Lewis v. Lynde-Bowman-Darby Co.
Opinion of the Court
*272 Opinion by
(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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.