Avery v. Hays
Supreme Court of Oklahoma
Error from District Court, Mayes County; Action by Craig C. Hays, a minor, by Jerry V. Hays, his guardian, against P. Avery, Citizens Bank & Trust Co., of Pryor Creek, Okla., M. W. Krotzner, and Henry E. Hale. Judgment for plaintiff, and defendants bring error.
1Opinion of the Court
Opinion by
RITTENHOUSE, C.
This court has repeatedly held that errors occurring during the trial cannot be considered unless a motion for a new trial has .been made by the complaining party, and acted upon by the trial court, and .its ruling assigned as error in the Supreme Court. Kee v. Park et al., 32 Okla. 302, 122 Pac. 712; Stinchcomb v. Myers, 28 Okla. 597, 115 Pac. 602; St. Louis & S. F. R. Co. v. Leake et al., 34 Okla. 77, 123 Pac. 1125. The plaintiffs in error, defendants below, have not assigned as error the ruling of the court upon the motion for a new trial, and therefore we cannot…
2Cases cited4 opinions
- Stinchcomb v. MyersSupreme Court of Oklahoma · 1911
- Kee v. ParkSupreme Court of Oklahoma · 1912
- Lawrence v. EstesSupreme Court of Oklahoma · 1911
- St. Louis S. F. R. Co. v. LeakeSupreme Court of Oklahoma · 1912
3Cited by13 opinions
- Millus v. Lowrey Bros.Supreme Court of Oklahoma · 1917
- Avery v. HaysSupreme Court of Oklahoma · 1916
- Wells v. McArthurSupreme Court of Oklahoma · 1920
- Davis v. McGilbraySupreme Court of Oklahoma · 1921
- Nidiffer v. NidifferSupreme Court of Oklahoma · 1914
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