Milburn v. Miners' & Citizens' Bank

Supreme Court of Oklahoma
Milburn v. Miners' & Citizens' Bank, 226 P. 42 (Okla. 1924)
101 Okla. 281; 1924 OK 449; 1924 Okla. LEXIS 90
Cochran, Johnson, McNeill, Nicholson, Warren

Milburn v. Miners' & Citizens' Bank

Opinion of the Court

COCHRAN, J.

The plaintiffs in error urge three assignments of error, but all of them challenge the sufficiency of the evidence to sustain the verdict of the jury and judgment of the court. No demurrer was filed to plaintiff’s evidence, and no request was made for an instructed verdict. The defendants acquiesced in the submission of the issues to the jury, under instructions apparently satisfactory to all parties. Where the sufficiency of the evidence is not challenged until a motion for new trial is filed, the same will not be considered on appeal. Norman v. Lambert, 64 Okla. 238, 167 Pac. 213; Constantin Refining Co. v. Thwing Instrument Company, 72 Oklahoma, 178 Pac. 111; Holland Banking Company v. Dicks, 67 Okla. 228, 170 Pac. 253; Newton v. Okmulgee Grocery Company, 88 Okla. 184, 212 Pac. 423.

The judgment of the trial court is affirmed.

Johnson; C. J., and McNeill, NichOlSON, and WARREN, JJ., concur.

Reference

Full Case Name
MILBURN Et Al. v. MINERS’ & CITIZENS’ BANK
Cited By
9 cases
Status
Published