Legal Opinion

Milburn v. Miners' & Citizens' Bank

Supreme Court of Oklahoma

Decided April 15, 1924No. 12936PublishedCited by 9 opinions

1Opinion of the CourtCochran, J.

The plaintiffs in error urge three assignments of error, but all of them challenge the sufficiency of the evidence to sustain the verdict of the jury and judgment of the court. No demurrer was filed to plaintiff’s evidence, and no request was made for an instructed verdict. The defendants acquiesced in the submission of the issues to the jury, under instructions apparently satisfactory to all parties. Where the sufficiency of the evidence is not challenged until a motion for new trial is filed, the same will not be considered on appeal. Norman v. Lambert, 64 Okla. 238, 167 Pac. 213;…

2Cases cited5 opinions

  1. Holland Banking Co. v. DicksSupreme Court of Oklahoma · 1917
  2. Norman v. LambertSupreme Court of Oklahoma · 1917
  3. Muskogee Electric Traction Co. v. JacksonSupreme Court of Oklahoma · 1923
  4. Newton v. Okmulgee Grocery Co.Supreme Court of Oklahoma · 1923
  5. Constantin Refining Co. v. Thwing Instrument Co.Supreme Court of Oklahoma · 1919

3Cited by9 opinions

  1. Fibikowski v. FibikowskiSupreme Court of Oklahoma · 1939
  2. Knapp v. First Nat. Bank & Trust Co. of Oklahoma CityCourt of Appeals for the Tenth Circuit · 1946
  3. Smith v. First Nat. Bank of EldoradoSupreme Court of Oklahoma · 1934
  4. Midland Savings & Loan Co. v. DonohooSupreme Court of Oklahoma · 1937
  5. Grady v. First State BankSupreme Court of Oklahoma · 1930

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