Lowenstein v. Todd
Supreme Court of Oklahoma
Brror from County Court, Oklahoma County; John -W. Hayson, Judge. Action by Isaac Lowenstein against George A. Todd. Judgment for defendant, and plaintiff brings error.
1Opinion of the CourtKane, J.
This cause comes on to be heard upon the motion of the defendant in error to dismiss the appeal upon the ground: That the sustaining of a demurrer to- the evidence of plaintiff, which action of the court is assigned as error herein, is a part of the trial of the cause, and alleged error predicated thereon cannot be raised or taken advantage of, unless the matter is brought to-the attention of the trial court by a motion for new trial, thereby affording the trial court an opportunity to correct any and all errors occurring at the trial; that no motion for new trial was filed in this cause and…
2Cases cited2 opinions
- Stump v. PorterSupreme Court of Oklahoma · 1912
- Ardmore Oil & Milling Co. v. Doggett Grain Co.Supreme Court of Oklahoma · 1912
3Cited by5 opinions
- Malleck v. ThomasSupreme Court of Oklahoma · 1925
- Burch v. GibsonSupreme Court of Oklahoma · 1934
- Sac & Fox Oil Co. v. OwensSupreme Court of Oklahoma · 1928
- Jones v. JohnsonSupreme Court of Oklahoma · 1919
- Wilson ex rel. Wilson v. BuieSupreme Court of Oklahoma · 1958