Legal Opinion

Shives v. Frohberg

Supreme Court of Oklahoma

Decided November 4, 1913No. 2976Published

Error from Superior Court,, Pottawatomie County; George C. Abernathy, Judge. Action by W. E. Shives against Amelis Erohberg. Judgment for defendant, and plaintiff ■ brings error.

1Per curiam

This proceeding in error is brought to reverse a judgment rendered upon a demurrer to the evidence, and the errors complained of consist only of errors alleged to have occurred on the trial. The record fails to disclose that a motion for a new trial was filed in the trial court, which motion is necessary in order to review the errors complained of. State v. Poor, 33 Okla. 376, 125 Pac. 726; Stump v. Porter et al., 31 Okla. 157, 120 Pac. 639; State v. Adams, 31 Okla. 775, 123 Pac. 1127; Campbell v. Lane, 31 Okla. 757, 123 Pac. 1061.

The motion to dismiss is sustained.

2Cases cited4 opinions

  1. Stump v. PorterSupreme Court of Oklahoma · 1912
  2. Campbell v. LaneSupreme Court of Oklahoma · 1912
  3. State v. AdamsSupreme Court of Oklahoma · 1912
  4. State v. PoorSupreme Court of Oklahoma · 1912