WOODYARD v. BURDETT

WOODYARD v. BURDETT
1924 OK 1072
230 P. 903
104 Okla. 214
Case Number: 14953
Decided: 11/25/1924
Supreme Court of Oklahoma

WOODYARD
v.
BURDETT et al.

Syllabus

¶0 Appeal and Error--Appellate Jurisdiction--Motion for New Trial out of Time. Where the motion for a new trial is not filed within three days after the judgment is rendered and the only grounds for a new trial are errors of law occurring at the trial, and no showing is made that the moving party was unavoidably prevented from filing the motion within the statutory time, this court does not, by appeal, acquire jurisdiction to consider and determine the questions presented by such motion, and such jurisdiction is not acquired by agreement of the parties.

Geo. F. Cunningham, for plaintiff in error.
Geo. A. Hoke, for defendants in error.

RAY, C.

¶1 Plaintiff in error asks reversal for errors of law occurring at the trial. In his brief he sets out the following stipulation:

"In the District Court in and for said County and State.

"No. 6556

"L. H. Woodyard, Plaintiff vs. Mary E. Burdett, W. S. Burdett and C. R. Smith, Defendant.

"Stipulation and Agreement.

"It is hereby stipulated and agreed by and between Geo. Hoke, attorney of record for defendants, Mary E. Burdett and W. S. Burdett, and Geo. F. Cunningham, attorney for the plaintiff, L. H. Woodyard, that the motion for a new trial filed by the said attorney plaintiff in the above entitled action may be heard and passed upon by the said court at the present term of said court, by and with the consent of said court, and the said attorney for the said defendants hereby waives all objections to the hearing of said motion because the same was not filed within three days from the time that the decision was rendered in said case by said court, and agrees that said motion may be heard and decided by said court just the same as if it had been filed within said statutory period.

"Geo. A. Hoke,

"Attorney for Defendants,

Geo. F. Cunningham,

"Attorney for Plaintiff.

"Filed Oct. 26, 1923."