Opinion
No. 16037
Opinion Filed May 12, 1925.
(Syllabus.)
Appeal and Error — Necessity for Motion for New Trial in Time.
Where motion for a new trial is not filed within three days from date of the verdict of the jury or judgment of the court, if the case is tried to the court, and no showing is made that the motion was unavoidably prevented from being filed within the time, the appeal will be dismissed.
Error from District Court, Okfuskee County; John L. Norman, Judge.
Action between the Farmers' Merchants' Bank of Boley and M.A. Gibson. From the judgment, the latter appeals. Appeal dismissed.
J.J. Bruce, for plaintiff in error.
Patterson Dooley, for defendant in error.
This case is appealed from the district court of Okfuskee county. The jury returned its verdict on the 6th day of June, 1924, and motion for new trial was filed on the 10th day of June, 1924, which was one day too late, and there being no showing that plaintiff in error was unavoidably prevented from filing his motion for new trial within the time provided by section 574, Comp. St. 1921. Joiner v. Goldsmith, 25 Okla. 840, 107 P. 733. The appeal is dismissed.