ST. LOUIS & S. F. R. CO. v. DAVIS

ST. LOUIS & S. F. R. CO. v. DAVIS
1913 OK 409
134 P. 21
39 Okla. 98
Case Number: 2726
Decided: 06/11/1913
Supreme Court of Oklahoma

ST. LOUIS & S. F. R. CO.
v.
DAVIS.

Syllabus

¶0 APPEAL AND ERROR--Presentation for Review--Denial of New Trial. Where the petition in error does not assign as error the overruling of the motion for a new trial, no question is properly presented in this court to review errors alleged to have occurred during the progress of the trial in the court below, and the appeal will be dismissed.

W. F. Evans, R. A. Kleinschmidt, and J. H. Grant, for plaintiff in error.
S. A. Cordell and W. L. Johnson, for defendant in error.

ROBERTSON, C.

¶1 There is a motion by defendant in error to dismiss this appeal, which must be sustained. The petition in error does not assign as error the overruling of the motion for a new trial, and, therefore, no question is properly presented in this court to review errors alleged to have occurred during the progress of the trial in the court below. Hunter v. Hines, 33 Okla. 590, 127 P. 386; Burrus v. Funk, 29 Okla. 677, 119 P. 976; Meyer v. James, 29 Okla. 7, 115 P. 1016; Martin v. Gassert, 17 Okla. 177, 87 P. 586. The appeal, therefore, should be dismissed.

¶2 By the Court: It is so ordered.