Stump v. Porter
Supreme Court of Oklahoma
Error from Lincoln County Court; Fred A. Wagoner, Judge. Action of Otis Porter and Charles Porter against Herman Stump. Order overruling a demurrer to the bill of particulars. Defendant brings error.
1Opinion of the Court
' DUNN, J.
This case presents error from the county court of Lincoln county, and is here upon a case-made as well as a transcript of the record. The trial was had before a jury, and, at the conclusion of plaintiffs evidence, defendant demurred thereto, which was by the court overruled, to which the defendant excepted and seeks in this court to present errors of law occurring on the trial of the cause. They are not available to him, however, for the reason that he failed to file, have considered, and passed upon, any motion for a new trial, and the well-established rule is that “the ruling on a…
2Cases cited4 opinions
- Wehle v. . ButlerNew York Court of Appeals · 1874
- Corner v. MackintoshCourt of Appeals of Maryland · 1878
- Gruble v. RyusSupreme Court of Kansas · 1879
- Coy v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1904
3Cited by22 opinions
- Frick-Reid Supply Co. v. HunterSupreme Court of Oklahoma · 1915
- Insurance Co. of North America v. LittleSupreme Court of Oklahoma · 1912
- Ardmore Oil & Milling Co. v. Doggett Grain Co.Supreme Court of Oklahoma · 1912
- Bingham v. National BankMontana Supreme Court · 1937
- Mitchener v. City Com'rs, City of OkmulgeeSupreme Court of Oklahoma · 1924
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