Milburn v. Miners' & Citizens' Bank
Cases that cite this one
9 later published cases cite this decision.
- Luker v. Kells (Okla. 1966)
- Boyd v. City State Bank, Wellington, Tex (10th Cir. 1954)
- Knapp v. First Nat. Bank & Trust Co. of Oklahoma City (10th Cir. 1946)
- Fibikowski v. Fibikowski (Okla. 1939)
- Midland Savings & Loan Co. v. Donohoo (Okla. 1937)
- Gooch v. Natural Gas Supply Co. (Okla. 1935)
- Central National Bank of Alva v. Baker (Okla. 1935)
- Smith v. First Nat. Bank of Eldorado (Okla. 1934)
- Grady v. First State Bank (Okla. 1930)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.