Lewis v. Hall
Supreme Court of Oklahoma
Error from the District Court of Kingfisher County; before C. F. Irwin, Trial Judge. STATEMENT OF FACTS. This is an action in replevin, brought by the plaintiff in error against the defendant in error in the court below to recover a certain quantity of corn. A jury was waived, and the case was tried to the court.
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Error from the District Court of Kingfisher County; before C. F. Irwin, Trial Judge. STATEMENT OF FACTS. This is an action in replevin, brought by the plaintiff in error against the defendant in error in the court below to recover a certain quantity of corn. A jury was waived, and the case was tried to the court. The court rendered judgment in favor of the defendant in error, and a motion for a new trial was filed, which was, as shown affirmatively by the journal entry of judgment, “peremptorily overruled.” Exceptions were saved to the rulings of the trial court, and the case is brought to…
1Opinion of the Court
Opinion of the court by
Pancoast, J.:
The single error complained of is that the court below peremptorily overruled plaintiffs motion for a new trial. It is contended by tlie plaintiff in error that the statutes' not only give the party against whom judgment is rendered the right to file a motion for a new trial, but make it imperative that he file such motion in order to present the errors occurring at the trial to the supreme court, and therefore the party filing such motion is entitled of right to have the same fully and carefully considered by the trial court, and in support of this…
2Cases cited3 opinions
- State v. BridgesSupreme Court of Kansas · 1883
- Pinson & Sunday v. PrentiseSupreme Court of Oklahoma · 1899
- Hover v. CockinsSupreme Court of Kansas · 1877
3Cited by6 opinions
- Chicago, R. I. & P. Ry. Co. v. BaroniSupreme Court of Oklahoma · 1912
- Cox v. WarfordSupreme Court of Oklahoma · 1912
- Linson v. SpauldingSupreme Court of Oklahoma · 1909
- Oklahoma Portland Cement Co. v. AndersonSupreme Court of Oklahoma · 1911
- Wicker v. DennisSupreme Court of Oklahoma · 1911
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