Maddox v. Barrett

• Decision Date: 13 October 1914
• Docket Number: Case Number: 3507
• Citation: 143 P. 673,1914 OK 484,44 Okla. 101
• Parties: MADDOX v. BARRETT.
• Court: Oklahoma Supreme Court

1914 OK 484

143 P. 673

44 Okla. 101

MADDOX v. BARRETT.

Case Number: 3507

Supreme Court of Oklahoma

Decided: October 13, 1914

Syllabus

¶0 APPEAL AND ERROR--Assignment of Error--Denial of New Trial. Errors alleged to have occurred during the progress of the trial cannot be considered by this court, unless the overruling of the motion for a new trial is assigned as error.

Swan C. Burnette and A. M. Beets, for plaintiff in error.

T. A. Edwards, for defendant in error.

RITTENHOUSE, C.

¶1 On August 10, 1910, this action was instituted before a justice of the peace in Washita county, trial was had, and judgment rendered in favor of the plaintiff in the sum of $ 25, and interest, and on appeal to the county court, the plaintiff again was given judgment. Motion for a new trial was filed and overruled and exceptions saved. The action of the trial court in overruling the motion for a new trial has not been assigned as error in the petition in error, and consequently none of the questions presented in the brief can be considered. In the case of Avery et al. v. Hays et al., ante, we held that errors which occurred during the progress of a trial could not be considered unless the ruling of the trial court on the motion for a new trial was assigned as error. This has been repeatedly held by this court. The proceedings in error should be dismissed.

¶2 By the Court: It is so ordered.