Opinion
No. 2726
Opinion Filed June 11, 1913. Rehearing Denied August 6, 1913.
APPEAL AND ERROR — Presentation for Review — Denial of New Trial. Where the petition in error does not assign as error the overruling of the motion for a new trial, no question is properly presented in this court to review errors alleged to have occurred during the progress of the trial in the court below, and the appeal will be dismissed.
(Syllabus by Robertson, C.)
Error from District Court, Lincoln County; Roy Hoffman, Judge.
Action by Eugenia Davis against the St. Louis San Francisco Railroad Company to recover damages for personal injuries. Judgment for plaintiff, and defendant brings error. Dismissed.
W. F. Evans, R. A. Kleinschmidt, and J. H. Grant, for plaintiff in eror.
S. A. Cordell and W. L. Johnson, for defendant in error.
There is a motion by defendant in error to dismiss this appeal, which must be sustained.
The petition in error does not assign as error the overruling of the motion for a new trial, and, therefore, no question is properly presented in this court to review errors alleged to have occurred during the progress of the trial in the court below. Hunter v. Hines, 33 Okla. 590, 127 P. 286; Burrus v. Funk, 29 Okla. 677, 119 P. 976; Meyer v. James, 29 Okla. 7, 115 P. 1016; Martin v. Gassert, 17 Okla. 177, 87 P. 586.
The appeal, therefore, should be dismissed.
By the Court: It is so ordered.