Aaron v. American Nat. Bank

• Decision Date: 25 July 1916
• Docket Number: 7375.
• Citation: 159 P. 246,60 Okla. 137
• Parties: AARON ET AL. v. AMERICAN NAT. BANK.
• Court: Oklahoma Supreme Court

159 P. 246

60 Okla. 137

AARON ET AL. v. AMERICAN NAT. BANK.

No. 7375.

Supreme Court of Oklahoma

July 25, 1916

Syllabus by the Court.

Errors occurring during the trial cannot be considered by the Supreme Court unless the ruling of the trial court on the motion for a new trial is assigned as error.

Commissioners' Opinion, Division No. 2. Error from District Court, Osage County; R. H. Hudson, Judge.

Action by the American National Bank against W. H. Aaron and another on a promissory note. Judgment for plaintiff, and defendants bring error. Dismissed.

Templeton & Tillman, of Pawhuska, for plaintiffs in error.

Robert Stuart and A. M. Widdows, both of Pawhuska, for defendant in error.

BRUNSON, C.

This court has repeatedly held that errors occurring during the trial cannot be considered unless motion for a new trial has been made by the complaining party, and acted upon by the trial court, and its ruling assigned as error in the Supreme Court. Avery v. Hays, 44 Okl. 71, 144 P. 624; Kee v. Park et al., 32 Okl. 302, 122 P. 712; Stinchcomb v. Myers, 28 Okl. 597, 115 P. 602; St. Louis & S. F. R. R. Co. v. Leake et al., 34 Okl. 77, 123 P. 1125. The plaintiffs in error, defendants below, have not assigned as error the ruling of the court upon the motion for a new trial, and therefore we cannot consider the errors alleged to have occurred during the trial. The only errors complained of are those occurring upon the trial. The appeal is therefore dismissed.

PER CURIAM.

Adopted in whole.