Keener v. Buttler
Supreme Court of Oklahoma
Error from District Court, Cherokee County; John H. Pitchford, Judge. Action between Jeff Keener and Charles Buttler. From the judgment, Keener brings error.
1Opinion of the CourtKane, C. J.
This cause comes on to be heard upon a motion by the defendant in error to dismiss the appeal, and the motion of the plaintiff in error for leave to fi’e an amended petition in error. The ground for dismissal is that there were no assignments of error that could be urged, except those which occurred at the trial, and that they could not be considered because in the petition in error it was not assigned as error that the trial court erred in overruling the motion for new trial. This is a good ground for dismissal (Avery et al. v. Hays, 44 Okla. 71, 144 Pac. 624), and the motion to dismiss must…
2Cases cited2 opinions
- Avery v. HaysSupreme Court of Oklahoma · 1914
- McConnell v. CorySupreme Court of Oklahoma · 1912
3Cited by1 opinion
- McCall Co. v. LongSupreme Court of Oklahoma · 1919