Hunter v. Hines

1912 OK 610, 127 P. 386, 33 Okla. 590, 1912 Okla. LEXIS 752

Opinion

WILLIAMS, J.

Counsel for defendants in error insists that this proceeding in error should be dismissed (1) for the reason that the record does not disclose that a motion for a new trial was filed or passed upon, and (2) that the petition in error does not allege the overruling of a motion for a new trial as ground for a review and reversal of the judgment.

The motion is well taken as to both grounds. Deering v. Meyers, 29 Okla. 232, 116 Pac. 793; Burrus v. Funk, 29 Okla. 677, 119 Pac. 976; Cox v. Lavine, 29 Okla. 312, 116 Pac. 920; McDonald et al. v. Wilson, 29 Okla. 309, 116 Pac. 920; Meyer v. James, 29 Okla. 7, 115 Pac. 1016.

TURNER, C. J., and HAYES, KANE, and DUNN, JJ., concur.