Sooner Bond Co. of America v. Davis

This is an action to rescind a written contract for fraud and to recover the amount paid out in pursuance thereof. Trial in the district court of Kay county resulted in a judgment for plaintiff, and the defendant has appealed. The parties are referred to herein as they appeared at the trial.

Plaintiff has moved to dismiss the appeal. As grounds for dismissal, it is alleged that the motion for new trial was not filed within, the term at which th© judgment was rendered, as required by section 400, O. S. 1931, and further, since no proper motion for new trial was filed, this appeal may not be…