STRAHAN v. DE SOTO PAINT MFG. CO.

STRAHAN v. DE SOTO PAINT MFG. CO.
1916 OK 66
154 P. 1128
55 Okla. 444
Case Number: 6077
Decided: 01/18/1916
Supreme Court of Oklahoma

STRAHAN
v.
DE SOTO PAINT MFG. CO.

Syllabus

¶0 APPEAL AND ERROR-- Presentation Below--Necessity. Errors alleged to have occurred at the trial in the lower court, unless the same are excepted to, will not be considered on review in this court.

W. D. Halfhill, for plaintiff in error.
Mosier, Greenslade & Reynolds, for defendant in error.

RITTENHOUSE, C.

¶1 This is an action upon two promissory notes. The defendant answered, setting up: (1) A material alteration of the notes; and (2) fraudulent representations as to the quality of the paint for which the notes were given. The questions presented are founded upon the sustaining of a demurrer to the evidence in support of the second defense; but, inasmuch as no objection was made to the sustaining of such demurrer nor exception saved to such ruling, there is nothing for us to decide. It is well settled in this jurisdiction that errors occurring at the trial not excepted to will not be reviewed on appeal. Muskogee Electric Traction Co. v. Reed, 35 Okla. 334, 130 P. 157; Hailey v. Bowman, 41 Okla. 294, 137 P. 722. The judgment should therefore be affirmed.

¶2 By the Court: It is so ordered.