TYLER v. TYLER.

TYLER v. TYLER.
1914 OK 631
144 P. 1023
44 Okla. 411
Case Number: 3727
Decided: 12/08/1914
Supreme Court of Oklahoma

TYLER
v.
TYLER.

Syllabus

¶0 APPEAL AND ERROR--Ruling on Demurrer to Evidence--Reservation for Review--Motion for New Trial-- Necessity. The ruling on a demurrer to the evidence is a decision occurring on the trial; and, in order to enable the Supreme Court to review such ruling, it is necessary that a motion for a new trial be filed within the time prescribed by law.

M. Fulton and R. E. Bowling, for plaintiff in error.

 
THACKER, C.

¶1 This cause is brought here for the purpose of reversing a judgment of the trial court sustaining a demurrer to the evidence. The case-made filed herein fails to show any motion for new trial was filed. The appeal, therefore, under authority of Insurance Company of North America v. Little, 34 Okla. 449, 125 P. 1098; Aramore Oil & Milling Co. v. Doggett Grain Co., 32 Okla. 280, 122 P. 241; Stump v. Porter, 31 Okla. 157, 120 P. 639, and James v. Jackson, 30 Okla. 190, 120 P. 288, should be dismissed.

¶2 By the Court: It is so ordered.