McCann v. Rees

Supreme Court of Oklahoma

McCann v. Rees

1916 OK 183, 155 P. 568, 55 Okla. 315, 1916 Okla. LEXIS 153

CourtSupreme Court of Oklahoma

DecidedFebruary 8, 1916

Docket5829

StatusPublished

Cited by2 cases

This text of 1916 OK 183 (McCann v. Rees) 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

McCann v. Rees, 1916 OK 183, 155 P. 568, 55 Okla. 315, 1916 Okla. LEXIS 153 (Okla. 1916).

Pincite

Opinion

Opinion by

RUMMONS, C.

'From a judgment of the district court of Washington county for the defendant in error, hereinafter called the defendant, the plaintiffs in error,, hereinafter called the plaintiffs, bring this proceeding in error. Plaintiffs make the following assignments of error in their brief:. That the trial court erred in overruling the plaintiffs’ motion for a new trial; thaii the court erred in rendering judgment contrary to the law and contrary to the evidence; that the court erred in its special findings of fact; and that the court erred in rendering judgment. Counsel for defendant urge that the judgment be affirmed for the reason that there is no recital in the case-made that the same contains all the evidence, and for the further reason that the case-made does not contain any' motion for new trial. The recital attached to the case-made is as follows:

“The above and foregoing case-made contains a full, true, and correct copy of all pleadings, motions, demurrers, and rulings of the court thereon, all agreements, exhibits, orders, journal entries, judgments, rulings, decisions, and all proceeding's had and done in said cause. And these are all the processes, pleadings, motions, proceedings, agreements, exhibits, decisions, rulings, orders, judgments, and all proceedings had and done in said cause, and the same constitute a full, true, and complete record " of said cause.”

*317 It would seem from the foregoing recital that counsel for plaintiffs had studiously avoided' all reference to the evidence, inasmuch as the recital shows that the case-made contains everything else that could occur upoxi the trial of a cause.

The journal entry recites:

“And thereupon the plaintiffs filed motion for new trial, and the same is overruled, to the overruling of • which' plaintiffs except.”

But the case-made does not contain any motion for a new trial, and we are unable to determine whether' the errors complained of by plaintiffs were called to the attention of the trial court. The brief of defendant has been on file in this court for more than a year, and no application has been made by plaintiffs to amend or correct the case-made. As all the assignments of . error relied upon by plaintiffs require a review .of the evidence and of the proceedings at the trial, in the absence of a motion for new trial and a recital that the case-made contains all the evidence, we are precluded from examining the errors assigned.

The judgment of the trial court should therefore be affirmed. ^

By the Court: It is so ordered.

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

Opinion by

RUMMONS, C.

'From a judgment of the district court of Washington county for the defendant in error, hereinafter called the defendant, the plaintiffs in error,, hereinafter called the plaintiffs, bring this proceeding in error. Plaintiffs make the following assignments of error in their brief:. That the trial court erred in overruling the plaintiffs’ motion for a new trial; thaii the court erred in rendering judgment contrary to the law and contrary to the evidence; that the court erred in its special findings of fact; and that the court erred in rendering judgment. Counsel for defendant urge that the judgment be affirmed for the reason that there is no recital in the case-made that the same contains all the evidence, and for the further reason that the case-made does not contain any' motion for new trial. The recital attached to the case-made is as follows:

“The above and foregoing case-made contains a full, true, and correct copy of all pleadings, motions, demurrers, and rulings of the court thereon, all agreements, exhibits, orders, journal entries, judgments, rulings, decisions, and all proceeding's had and done in said cause. And these are all the processes, pleadings, motions, proceedings, agreements, exhibits, decisions, rulings, orders, judgments, and all proceedings had and done in said cause, and the same constitute a full, true, and complete record " of said cause.”

*317 It would seem from the foregoing recital that counsel for plaintiffs had studiously avoided' all reference to the evidence, inasmuch as the recital shows that the case-made contains everything else that could occur upoxi the trial of a cause.

The journal entry recites:

“And thereupon the plaintiffs filed motion for new trial, and the same is overruled, to the overruling of • which' plaintiffs except.”

But the case-made does not contain any motion for a new trial, and we are unable to determine whether' the errors complained of by plaintiffs were called to the attention of the trial court. The brief of defendant has been on file in this court for more than a year, and no application has been made by plaintiffs to amend or correct the case-made. As all the assignments of . error relied upon by plaintiffs require a review .of the evidence and of the proceedings at the trial, in the absence of a motion for new trial and a recital that the case-made contains all the evidence, we are precluded from examining the errors assigned.

The judgment of the trial court should therefore be affirmed. ^

By the Court: It is so ordered.

Cite This Page — Counsel Stack

Bluebook (online)

1916 OK 183, 155 P. 568, 55 Okla. 315, 1916 Okla. LEXIS 153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccann-v-rees-okla-1916.

Opinion

Related

Cite This Page — Counsel Stack