Cornish v. Sanders

This is an appeal from the judgment tendered in the district court of Cherokee county, on the 21st day of December, 1927. Motion for new trial was filed on January 4, 1928, which motion was by the court overruled February 6, 1928. The defendant in 'error has filed herein his motion to dismiss the .appeal for the reason the motion for new trial was not filed within the time required by section 574, C. O. S. 1921, which is as follows:

“The application for a new trial must be made at th'e term the verdict, report or decision is rendered, and, except for the cause of newly discovered evidence,…