" The petition in error examined, and this first ground of plaintiff's motion to dismiss found to be only too everlastingly true. Nichols et al. v. Dexter, 52 Okla. 152, 152 P. 817, and cases therein cited on this question; Avery v. Hays, 44 Okla. 71, 144 P. 624; Maddox v. Barrett, 44 Okla. 101, 143 P. 673; Nidiffer v. Nidiffer, 44 Okla. 218, 144 P. 150: Beugler v. Polk. 46 Okla. 403, 148 P. 990. The motion for a new trial was overruled, and exceptions saved by defendant on October 29, 1915, and the petition in error with case-made attached was filed in this court on April 25, 1916.

Our courts have uniformly held this omission to be fatal when it is sought, as in the case at bar, to have this court review the errors alleged to have been committed during the progress of the trial in the court below. Beugler et al. v. Polk, 46 Okla. 403, 148 P. 990, and authorities there cited. For this reason we recommend that the judgment of the trial court be affirmed.