Legal Opinion
Hazelwood v. Robe
Supreme Court of Oklahoma
Decided September 14, 1920No. 11418Published
Error from District Court, Okfuskee County ; Lucien B. Wright, Judge. Action between Tom Hazelwood and others and John M. Robe. From the judgment, the former bring error.
1Opinion of the CourtHiggins, J.
The defendant in error has filed a motion to dismiss the appeal herein taken. There is no response filed.
In the petition in error it is not assigned as error that the trial court erred in overruling the motion for new trial.
The plaintiffs in error complain of error on the part of the trial court occurring during the progress of the .trial.
In Nichols v. Dexter, 52 Okla. 152, 152 Pac. 817, it is stated:
“Where the overruling of the motion for a new trial is not assigned as error in the petition in error, errors alleged to (have occurred during the trial are not properly presented, and cannot be…
2Cases cited1 opinion
- Nichols v. DexterSupreme Court of Oklahoma · 1915