TAYLOR v. JOHNSON

TAYLOR v. JOHNSON
1909 OK 14
99 P. 645
23 Okla. 50
Case Number: 2173 OK Ter
Decided: 01/13/1909
Supreme Court of Oklahoma

TAYLOR et al.
v.
JOHNSON et al.

Syllabus

¶0 TRIAL -- Instructions -- Necessity of Exception. This court will not review an instruction given by the trial court to the jury, unless the instruction was duly excepted to at the time of the trial.

W. H. McCarver and Devereux & Hildreth, for plaintiffs in error.
Owen & Neeley, for defendants in error.

HAYES, J.

¶1 Plaintiffs in error make the following assignments of error in their brief:

"First, that the court erred in ruling that the pleadings in this case only raised the issue of 'non est factum'; second, that the court erred in instructing the jury that the only question for them to find under the pleadings in this case was whether the present plaintiffs in error executed the note and mortgage sued on; third, that the court erred in overruling the motion for a new trial."

¶2 Counsel for plaintiffs in error in their argument on these assignments have discussed them all under the second assignment, and the matters complained of arose in the instructions of the court to the jury. The court instructed the jury that the only question for their consideration was whether the note and mortgage were executed by plaintiffs in error. The instructions are fully set out in the record and we have carefully examined same, but we have been unable to find from the record that the instruction complained of was excepted to by plaintiffs in error, and this court will not review instructions given on the trial of a cause unless the instruction complained of in this court was excepted to at the time. Everett v. Akins, 8 Okla. 184, 56 P. 1062; Boyd v. Bryan, 11 Okla. 56, 65 P. 940; Glaser v. Glaser, 13 Okla. 389, 74 P. 944.

¶3 The evidence in this case fairly tends to support the verdict of the jury; and, since no error of the trial court has been presented to this court for which the case should be reversed, the judgment of the trial court is affirmed.

¶4 All the Justices concur.