4 Indian Terr. 96 | Ct. App. Ind. Terr. | 1902
On the 13th of January, 1900, the plaintiff filed his complaint in the office of the clerk of the Northern district of the Indian Territory, at Vinita, as follows: “Comes now the plaintiff and states: That all parties to this action are citizens of the Cherokee Nation, and that the defendants reside nearer Vinita than any other’place where a United States Court is held. That he is the owner of the following described premises, to wit: A certain improvement situated about ten miles northwest of Vinita, Ind. T., on the west side of Cabin creek, and bounded as follows: On the south by the improvements of Lucy Miles, on the east by the improvements of Enoch Sutherland, on the west by the improvements of Mrs. David Saulsberry, and on the north by the improvements of John Weir, consisting of about three hundred and sixty acres of inclosed land situated in Cooweescoowee district, Cherokee Nation, Ind. T. That the plaintiff is entitled to the immediate possession of said premises. That the defendants obtained peaceable possession of said premises, while plaintiff was the owner and in possession of the same, in the fall of 1897, which possession and occupation by the defendants the plaintiff acquiesced in; and afterwards the plain
The only error of which appellant complains is the giving of certain instructions for appellees, and the refusal to give certain instructions asked by appellant. By looking into the record, we find that the motion for a new trial is not made a part of the record by a bill of exceptions. If the appellant desired to have the action of the lower court reviewed, the motion for a new trial should have been filed in the court below, and that motion made a part of the record in the case by setting the same out in full in the bill of exceptions. “The motion for new trial is necessary to enable the trial court to correct such errors growing out of the trial as do not appear on the face of the record proper, — as where it is insisted that there is no evidence to support the verdict, or that the -verdict is against the law and the evidence, or that the evidence does not authorize the judgment, or that there is an error in the verdict of the jury, or where it is alleged that the court erred in matter of law either in admitting or rejecting evidence or in giving or refusing instructions.” Thomp. Trials, § 2712. • The
There being no error apparent in the record before this court, the appeal is dismissed.