Flanary v. Briscoe

This is an appeal by the plaintiff from a judgment for the plaintiff for less than claimed in an action in damages for personal injury. A motion to dismiss has been filed which alleges that no exceptions were saved to the rulings of the trial court during the proceedings on the trial. A response has been filed which, in effect, admits that no exceptions were saved at the trial, but alleges that a motion for new trial was duly filed and overruled, and that this court has held in McCoy v. Braden Co., 173 Okla. 113, 46 P. 2d 960, that an appeal will not be dismissed as frivolous where it…