Lewis v. Lynde-Bowman-Darby Co.
Supreme Court of Oklahoma
Error from Superior Court, Muskogee County; Farrar L. McCain, Judge. Action by Mollie Lewis against the Lynde-Bowman-Darby Company. Judgment for defendant, and plaintiff brings error. This was an action brought by the plaintiff in error for the purpose of having a judgment, theretofore rendered against the plaintiff in error, set aside on the ground of fraud in procuring the judgment.
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Error from Superior Court, Muskogee County; Farrar L. McCain, Judge. Action by Mollie Lewis against the Lynde-Bowman-Darby Company. Judgment for defendant, and plaintiff brings error. This was an action brought by the plaintiff in error for the purpose of having a judgment, theretofore rendered against the plaintiff in error, set aside on the ground of fraud in procuring the judgment. After the action was commenced, one Sallie Manuel was allowed to intervene and ask to have the same judgment set aside as to her. After a jury had been impaneled, and while .the evidence was being introduced, by…
1Opinion of the Court
Opinion by
DEVEREUX, C.
(after stating the facts as above). It has been repeatedly held by this court that, to have errors occurring at the trial of a case reviewed by this court, a motion for a new trial must have been filed and acted on by the trial court, and exceptions saved to the judgment of the court in passing on the motion for a new trial. Martin v. Gassert, 17 Okla. 177, 87 Pac. 586; Meyer v. James, 29 Okla. 7, 115 Pac. 1016; Board of Com’rs of Beaver County v. Langston, 41 Okla. 715, 139 Pac. 956. No motion for a new trial having been filed in this case, and all of the alleged errors…
2Cases cited3 opinions
- Martin v. GassertSupreme Court of Oklahoma · 1906
- Meyer v. JamesSupreme Court of Oklahoma · 1911
- Board of Com'rs of Beaver County v. LangstonSupreme Court of Oklahoma · 1914
3Cited by1 opinion
- J. W. Graves Co. v. FosterSupreme Court of Oklahoma · 1916