Opinion
No. 2976
Opinion Filed November 4, 1913.
APPEAL AND ERROR — Motion for New Trial — Necessity. Syllabus same as State v. Poor, 33 Okla. 376, 125 P. 726.
(Syllabus by the Court.)
Error from Superior Court, Pottawatomie County; George C. Abernathy, Judge.
Action by W. E. Shives against Amelis Frohberg. Judgment for defendant, and plaintiff brings error. Dismissed.
Crump Skinner and Blakeney Maxey, for plaintiff in error.
J. H. Woods, S. A. Sheldon, and J. H. Miley, for defendant in error.
This proceeding in error is brought to reverse a judgment rendered upon a demurrer to the evidence, and the errors complained of consist only of errors alleged to have occurred on the trial. The record fails to disclose that a motion for a new trial was filed in the trial court, which motion is necessary in order to review the errors complained of. State v. Poor, 33 Okla. 376, 125 P. 726; Stump v. Porter et al., 31 Okla. 157, 120 P. 639; State v. Adams, 31 Okla. 775, 123 P. 1127; Campbell v. Lane, 31 Okla. 757, 123 P. 1061.
The motion to dismiss is sustained.