VAN NOY v. SCHNOOR

VAN NOY v. SCHNOOR
1925 OK 1032
243 P. 134
114 Okla. 46
Case Number: 16701
Decided: 12/22/1925
Supreme Court of Oklahoma

VAN NOY
v.
SCHNOOR et al.

Syllabus by the Court

¶0 Errors, not presented or argued in plaintiff in error's brief, will not be considered by the court, but will be treated as abandoned.
An instruction given the jury by the trial court will not be reviewed by this court, unless exceptions are saved at the trial.

D. B. Welty, of Oklahoma City, for plaintiff in error.
Chambers & Priest, of Oklahoma City, for defendants in error.

PER CURIAM.

¶1 This case was appealed from the district court of Oklahoma county. The case was tried to a jury, and a verdict returned in favor of defendants in error on the 28th day of January, 1925, for the sum of $400.81, upon which judgment was pronounced by the court, and, motion for a new trial having been overruled, plaintiff in error appealed.

¶2 Numerous errors are assigned, but only one is relied on in plaintiff in error's brief, which is No. 1 of the court's instructions to the jury. It is a well-settled rule of this court that assignments of error, not presented or argued in plaintiff in error's brief, will not be considered by the court, but will be treated as abandoned. Clanton v. City of Altus et al.,

¶3 Plaintiff in error saved no exception to instruction No. 1, or to any other of the court's instructions, and defendants in error now move the court to dismiss the appeal. This court will not review instructions given the jury by the trial court, unless exception is saved at the trial. Firebaugh v. Du Bois,