Cleveland v. Lampkin

Supreme Court of Oklahoma

Cleveland v. Lampkin

1917 OK 238, 165 P. 159, 65 Okla. 159, 1917 Okla. LEXIS 42

CourtSupreme Court of Oklahoma

DecidedMay 15, 1917

Docket7446

StatusPublished

Cited by2 cases

This text of 1917 OK 238 (Cleveland v. Lampkin) 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

Cleveland v. Lampkin, 1917 OK 238, 165 P. 159, 65 Okla. 159, 1917 Okla. LEXIS 42 (Okla. 1917).

Pincite

Opinion

Opinion by

BLEAKMORE, C.

Motion is presented to dismiss this proceeding on the ground that plaintiffs in error have failed to assign as error the overruling of their motion for new trial. The only errors assigned here are those alleged to have occurred during the progress of the trial relative to the giving of instructions and the exclusion of certain evidence. The established rule in this jurisdiction is that:

“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 et al. v. James, 40 Okla. 661, 140 Pac. 141.

The motion is sustained, and the cause dismissed.

By the Court: .It is so ordered.

Free access — add to your briefcase to read the full text and ask questions with AI