Supreme Court of Oklahoma, 1924

Milburn v. Miners' & Citizens' Bank

Milburn v. Miners' & Citizens' Bank
Supreme Court of Oklahoma · Decided April 15, 1924 · Cochran, Johnson, McNeill, Nicholson, Warren
226 P. 42; 101 Okla. 281; 1924 OK 449; 1924 Okla. LEXIS 90

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.