Dunlap v. C. T. Herring Lumber Co.
Supreme Court of Oklahoma
Error, from District Court, Kiowa County; Action by the C. T. Herring Lumber Company, a corporation, against the Blanchard Construction Company and others, for foreclosure of materialman’s lien.- Judgment for plaintiff, and defendant E. F. Dunlap brings error.
1Opinion of the Court
Opinion by
THACKER, C.
This case was tried in the district court upon an agreed statement of facts upon which judgment was entered for plaintiff on the 5th day of August, 1911 ; and on the same date the defendant E. F. Dunlap filed motion for new trial, which was on the 30th day of August, 1911, overruled, and time then granted in which to serve a case-made. As has been repeatedly held by this court, a motion for a new trial is unauthorized where a case is tried upon an agreed statement of facts alone; and such motion does not operate to extend the period of three days allowed by statute in…
2Cases cited1 opinion
- School Dist. No. 38 v. MacKey, County TreasurerSupreme Court of Oklahoma · 1914
3Cited by6 opinions
- Garland v. Union Trust Co.Supreme Court of Oklahoma · 1916
- Landers v. Bank of Commerce of OkmulgeeSupreme Court of Oklahoma · 1924
- Durant v. NesbitSupreme Court of Oklahoma · 1916
- Addington v. State Ex Rel. PruetSupreme Court of Oklahoma · 1935
- Lusk v. Humble Oil & Refining Co.Supreme Court of Oklahoma · 1929
1 more not listed; retrieve them via the Exa API.