Nat'l Sur. Co. v. First Bank of Texola, Case Number: 8993

CourtSupreme Court of Oklahoma
Writing for the CourtHARDY, J.
Citation169 P. 1091,1917 OK 603,67 Okla. 110
PartiesNATIONAL SURETY CO. v. FIRST BANK OF TEXOLA.
Decision Date11 December 1917
Docket NumberCase Number: 8993

1917 OK 603
169 P. 1091
67 Okla. 110

NATIONAL SURETY CO.
v.
FIRST BANK OF TEXOLA.

Case Number: 8993

Supreme Court of Oklahoma

Decided: December 11, 1917


Syllabus

¶0 1. Appeal and Error--Assignments of Error--Review.

Where the plaintiff in error fails to assign as error the overruling of the motion for a new trial in the petition in error, no question is properly presented in this court to review errors alleged to have occurred in the progress of the trial in the lower court.

2. Same--Sufficiency of Assignments.

Where assignments of error are so indefinite and general as not to point out the errors complained of, and do not direct the court's attention to any facts showing cause for reversal, the Supreme Court will not consider them.

Error from District Court, Beckham County; T. P. Clay, Judge.

Action between the National Surety Company and the First Bank of Texola. Judgment for the latter, and the former brings error. Dismissed.

N. B. Maxey and E. H. Gipson, for plaintiff in error.

T. Reginald Wise, for defendant in error.

HARDY, J.

¶1 Motion to dismiss this appeal is filed on the ground that error is not assigned upon the action of the court in overruling motion for new trial, and that there are no assignments which present for review any matters appearing upon the face of the record.

¶2 Assuming that the first, second, and fifth assignments are sufficient to present the matters intended to be urged, they cannot be considered because there is no assignment of error presenting the action of the court in overruling the motion for new trial, and When this is not done no action that seeks to have reviewed errors alleged to have occurred during the progress of the trial in the court below is properly presented to this court, and such cannot be reviewed. O'Neil v. James, 40 Okla. 661, 140 P. 141; Maddox v. Barrett, 44 Okla. 101, 143 P. 673; Turner v. First Nat. Bank, 40 Okla. 498, 139 P. 703; Nichols v. Dexter, 52 Okla. 152, 152 P. 817; McDonald v. Wilson, 29 Okla. 309, 116 P. 920; St. L., I. M. & S. Ry. Co. v. Dyer, 36 Okla. 112, 128 P. 265; Butler v. Okla. St. Bank, 36 Okla. 611, 129 P. 750; Bice v. Myers, 45 Okla. 507, 145 P. 1150; Creech v. C., R. I. & P. Ry. Co., 47 Okla. 100, 147 P. 775; Aaron v. American Nat. Bk., 60 Okla. 137, 159 P. 246.

¶3 The third assignment is that the court erred in rendering judgment for the defendant while the fourth is that the court erred in not rendering judgment for the plaintiff. These assignments are too...

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1 practice notes
  • Aetna Bldg. & Loan Ass'n v. Smith, Case Number: 8569
    • United States
    • Supreme Court of Oklahoma
    • December 11, 1917
    ...Trust Co. v. School Dist. 27, 47 Okla. 111, 147 P. 303; Jones v. Lee, 43 Okla. 257, 142 P. 996; Nat. Surety Co. v. First Bank of Texola, 67 Okla. 110, 169 P. 1091. ...
1 cases
  • Aetna Bldg. & Loan Ass'n v. Smith, Case Number: 8569
    • United States
    • Supreme Court of Oklahoma
    • December 11, 1917
    ...Trust Co. v. School Dist. 27, 47 Okla. 111, 147 P. 303; Jones v. Lee, 43 Okla. 257, 142 P. 996; Nat. Surety Co. v. First Bank of Texola, 67 Okla. 110, 169 P. 1091. ...

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