Williams v. Kelly
Supreme Court of Oklahoma
Error from District Court, Garvin County; ,T. D. Mitchell, Judge. Action between B. H. Williams and W. C. Kelly. Judgment for the latter, motion for new trial overruled, and the former brings error by transcript.
1Opinion of the CourtOwen, J.
This is an appeal by transcript. The petition in error contains only two assignments: First, the -court erred ■in overruling the motion of plaintiff in error fpr new trial; second, the court erred in r/ot rendering judgment for plaintiff in error on the pleadings. A motion to dismiss the appeal was filed with proof of service on opposing counsel, to which no response was made.
A motion for new trial, and the action of the court in overruling the same, being1 no part of the record, without case-made or bill of exceptions, cannot be presented to this court by transcript. Collins v. Garvey, 67…
2Cases cited7 opinions
- Green v. Incorporated Town of YeagerSupreme Court of Oklahoma · 1909
- Whitaker v. ChestnutSupreme Court of Oklahoma · 1917
- Wyant v. BeaversSupreme Court of Oklahoma · 1917
- Collins v. GarveySupreme Court of Oklahoma · 1917
- Miller v. MarkleySupreme Court of Oklahoma · 1915
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Johnson v. HenshawSupreme Court of Oklahoma · 1920
- Folsom v. BillySupreme Court of Oklahoma · 1920
- McHenry v. SpearsSupreme Court of Oklahoma · 1921
- Wells v. McArthurSupreme Court of Oklahoma · 1920
- In Re Estate of CutchallSupreme Court of Oklahoma · 1928
6 more not listed; retrieve them via the Exa API.