Lewis v. Lynde-Bowman-Darby Co.

1915 OK 666, 151 P. 1045, 51 Okla. 271, 1915 Okla. LEXIS 967

Opinion

Opinion by

DEVEREUX, C.

(after stating the facts as above). It has been repeatedly held by this court that, to have errors occurring at the trial of a case reviewed by this court, a motion for a new trial must have been filed and acted on by the trial court, and exceptions saved to the judgment of the court in passing on the motion for a new trial. Martin v. Gassert, 17 Okla. 177, 87 Pac. 586; Meyer v. James, 29 Okla. 7, 115 Pac. 1016; Board of Com’rs of Beaver County v. Langston, 41 Okla. 715, 139 Pac. 956. No motion for a new trial having been filed in this case, and all of the alleged errors complained of having occurred at the trial, the appeal should be dismissed.»

We therefore recommend that the appeal be dismissed.

By the Court: It is so ordered.