Block v. Crocker

Supreme Court of Oklahoma

Block v. Crocker

1915 OK 735, 152 P. 104, 51 Okla. 501, 1915 Okla. LEXIS 1028

CourtSupreme Court of Oklahoma

DecidedOctober 5, 1915

Docket5156

StatusPublished

This text of 1915 OK 735 (Block v. Crocker) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Block v. Crocker, 1915 OK 735, 152 P. 104, 51 Okla. 501, 1915 Okla. LEXIS 1028 (Okla. 1915).

Pincite

Opinion

Opinion by

WATTS, C.

This case comes from the district court of Adair county, where it was tried to the court without the intervention of a jury. Judgment went for defendants and plaintiffs appeal. The following are assigned as error: (1) In the findings of fact that the *502 plaintiffs were represented in the meeting of creditors by their attorney, Winsor; (2) in the court’s decision that Harry Winsor, as attorney for the plaintiffs, acted within the scope of his authority in settling the claim of plaintiffs for 30 per cent of the amount due, and that he had full power and right so to do.

Counsel does not assign as error the overruling of the motion for new trial; therefore we cannot examine the evidence to determine whether his position is well taken.

“Where the plaintiff in error fails to assign as error the overruling of his motion for a new trial, the Supreme Court has no power to review errors alleged to have occurred during the progress of the trial.” (O’Neil v. Janes, 40 Okla. 661, 140 Pac. 141.)

As the time has expired for filing an amended petition in error, we recommend that the judgment of the trial court be affirmed.

By the Court: It is so ordered.

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Opinion by

WATTS, C.

This case comes from the district court of Adair county, where it was tried to the court without the intervention of a jury. Judgment went for defendants and plaintiffs appeal. The following are assigned as error: (1) In the findings of fact that the *502 plaintiffs were represented in the meeting of creditors by their attorney, Winsor; (2) in the court’s decision that Harry Winsor, as attorney for the plaintiffs, acted within the scope of his authority in settling the claim of plaintiffs for 30 per cent of the amount due, and that he had full power and right so to do.

Counsel does not assign as error the overruling of the motion for new trial; therefore we cannot examine the evidence to determine whether his position is well taken.

“Where the plaintiff in error fails to assign as error the overruling of his motion for a new trial, the Supreme Court has no power to review errors alleged to have occurred during the progress of the trial.” (O’Neil v. Janes, 40 Okla. 661, 140 Pac. 141.)

As the time has expired for filing an amended petition in error, we recommend that the judgment of the trial court be affirmed.

By the Court: It is so ordered.

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Bluebook (online)

1915 OK 735, 152 P. 104, 51 Okla. 501, 1915 Okla. LEXIS 1028, Counsel Stack Legal Research, https://law.counselstack.com/opinion/block-v-crocker-okla-1915.

Opinion

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