From Casetext: Smarter Legal Research

Portwood v. Town of Snyder

Supreme Court of Oklahoma
Oct 19, 1926
251 P. 1048 (Okla. 1926)

Opinion

No. 17407

Opinion Filed October 19, 1926. Rehearing Denied January 4, 1927.

(Syllabus.)

Appeal and Error — Failure to File Motion for New Trial — Dismissal.

Where it is necessary to file a motion for a new trial, and the same is not done, the appeal will be dismissed.

Error from District Court, Kiowa County; E. L. Mitchell, Judge.

Action between C. M. Portwood et al. and the Town of Snyder et al. Judgment for the latter, and the former bring error. Dismissed.

Geo. L. Zink, for plaintiffs in error.

S.D. Bailey, for defendants in error.


This case was heard upon issues joined upon the pleadings, oral and documentary evidence, by the district court of Kiowa county, and judgment rendered for defendant in error, who now moves this court to dismiss the appeal on the ground that plaintiff in error failed to file a motion for a new trial. A motion for a new trial was necessary and the record fails to disclose that such a motion was filed. The filing and disposition of a motion for a new trial was indispensable to bring this appeal before this court for review. Buchanan et al. v. Fant, 110 Okla. 206, 238 P. 962.

The appeal is dismissed.


Summaries of

Portwood v. Town of Snyder

Supreme Court of Oklahoma
Oct 19, 1926
251 P. 1048 (Okla. 1926)
Case details for

Portwood v. Town of Snyder

Case Details

Full title:PORTWOOD et al. v. TOWN OF SNYDER et al

Court:Supreme Court of Oklahoma

Date published: Oct 19, 1926

Citations

251 P. 1048 (Okla. 1926)
251 P. 1048

Citing Cases

Ogilvie v. First Nat. Bank in Enid

"Where a court of competent jurisdiction, having jurisdiction of the parties and the subject matter of an…