VANN v. BOARD OF ED.

VANN v. BOARD OF ED.
1924 OK 781
229 P. 433
102 Okla. 286
Case Number: 14923
Decided: 09/23/1924
Supreme Court of Oklahoma

VANN et al.
v.
BOARD OF ED., TOWN OF LENAPAH.

¶0 Error from District Court, Nowata County; C. H. Baskin, Judge. Action between Vann et al. and Board of Education of the Town of Lenapah. From judgment in favor of the latter, the former bring error. Dismissed.

W. H. Vann, for plaintiffs in error.
Glass & Calvert, for defendant in error.

PER CURIAM.

¶1 Judgment was rendered in this cause August 31, 1923. Plaintiff's motion for new trial was not filed until October 12, 1923, and after the term at which the judgment was rendered. Five grounds were stated in the motion. The first ground alleged is irregularity in the proceedings of the court by which plaintiffs were prevented from having a fair trial. The district court may vacate or modify its judgments or orders, after the terms at which such judgment or order was made, for irregularity in the proceedings as provided in subdivision 3 of section 810, Comp. Stats. 1921. However, the record in the instant case fails to point out the irregularity if any was committed. The 2d, 3rd, and 5th grounds assigned are errors of law occurring at the trial, which must be presented within the three-day period. The 4th and remaining ground presented is newly discovered evidence. Section 576, Comp. Stat. 1921, provides the procedure applicable where a new trial is sought on this ground after the term at which the decision was rendered. None of the requirements provided in this section were complied with or waived. A substantial compliance with these provisions was necessary. Dougal v. White, 89 Okla. 107, 213 P. 868; Anderson v. Lynch, 94 Okla. 137, 221 P. 415.