State v. Adams

Supreme Court of Oklahoma

State v. Adams

141 P. 1119, 42 Okla. 491

CourtSupreme Court of Oklahoma

DecidedJuly 14, 1914

Docket3635

StatusPublished

Cited by1 cases

This text of 141 P. 1119 (State v. Adams) 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

State v. Adams, 141 P. 1119, 42 Okla. 491 (Okla. 1914).

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Opinion

Opinion by

HARRISON, C.

This cause is brought here for the purpose of reversing a judgment of the trial court sustaining a demurrer to the evidence. Defendant in error filed motion to dismiss the appeal for several reasons, among which is that no motion for new trial was filed in the court below. The case-made filed herein fails to show that any motion for hew trial was filed. Therefore, under the authority of State v. Adams, 31 Okla. 775, 123 Pac. 1127, State v. Poor, 33 Okla. 376, 125 Pac. 726, Stump v. Porter, 31 Okla. 157, 120 Pac. 639, and James v. Jackson, 30 Okla. 190, 120 Pac. 288, the appeal must be dismissed.

In Stump v. Porter, supra, the court held:

"The ruling on a demurrer to the evidence is a decision occurring on the trial; and, in order to enable the Supreme Court to review such ruling, it is necessary that a motion for new trial be filed within the time prescribed by law.”

The same rule is followed in the cases cited, supra. Therefore the appeal herein should be dismissed.

By the Court: It is so ordered.

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Opinion by

HARRISON, C.

This cause is brought here for the purpose of reversing a judgment of the trial court sustaining a demurrer to the evidence. Defendant in error filed motion to dismiss the appeal for several reasons, among which is that no motion for new trial was filed in the court below. The case-made filed herein fails to show that any motion for hew trial was filed. Therefore, under the authority of State v. Adams, 31 Okla. 775, 123 Pac. 1127, State v. Poor, 33 Okla. 376, 125 Pac. 726, Stump v. Porter, 31 Okla. 157, 120 Pac. 639, and James v. Jackson, 30 Okla. 190, 120 Pac. 288, the appeal must be dismissed.

In Stump v. Porter, supra, the court held:

"The ruling on a demurrer to the evidence is a decision occurring on the trial; and, in order to enable the Supreme Court to review such ruling, it is necessary that a motion for new trial be filed within the time prescribed by law.”

The same rule is followed in the cases cited, supra. Therefore the appeal herein should be dismissed.

By the Court: It is so ordered.

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Bluebook (online)

141 P. 1119, 42 Okla. 491, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-adams-okla-1914.

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