Hunter v. Hines
127 P. 386
Okla.
1912
Check Treatment

Counsel for defendants in error insists that this proceeding in error should be dismissed (1) for the reason that the record does not disclose that a motion for a new trial was filed or passed upon, and (2) that the petition in error does not allege the overruling of a motion for a new trial as ground for a review and reversal of the judgment.

The motion is well taken as to both grounds. Deering v.Meyers, 29 Okla. 232, 116 P. 793; Burrus v. Funk,29 Okla. 677, 119 P. 976; Cox v. Lavine, 29 Okla. 312, 116 P. 920;McDonald et al. v. Wilson, 29 Okla. 309, 116 P. 920; Meyer v.James, 29 Okla. 7, 115 P. 1016.

TURNER, C. J., and HAYES, KANE, and DUNN, JJ., concur.