Aaron v. American Nat. Bank

159 P. 246, 60 Okla. 137, 1916 Okla. LEXIS 1305

Opinion

Opinion by

BRUNSON, C.

This court has repeatedly held that errors occurring during the trial cannot be considered unless motion for a new trial has been made by the complaining party, and acted upon by the trial court, and its rulings assigned as error in the Supreme Court. Avery v. Hays, 44 Okla. 71, 144 Pac. 624; Kee v. Park et al., 32 Okla. 302, 122 Pac. 712; Stinchcomb v. Myers, 28 Okla. 597, 115 Pac. 602; St. Louis & S. F. R. Co. v. Leake et al., 34 Okla. 77, 123 Pac. 1125. The plaintiffs in error, defendants below, have not assigned as error the ruling of the court upon the motion for a new trial, and therefore we cannot consider the errors alleged to have occurred during the trial. The only errors complained of are those occurring upon the -trial. The appeal is therefore dismissed.

By the'Court: It is so ordered.