153 P. 1157 | Okla. | 1915
John Haygood, the defendant in error, as plaintiff below, sued Burrell Star and Mun Brown in a justice of the peace court to recover for the use and occupation of a certain tract of land for the year 1911, and upon appeal to the county court judgment was rendered in his favor in the sum of $75. Said defendants below prosecute this appeal, as plaintiffs in error, upon petition in error and case-made, and assign the following errors: (1) Error in overruling motion for new trial; (2) error in refusing to instruct a verdict for defendants; (3) error in admitting evidence against defendants. These errors are such as occurred, if at all, at the trial; and defendant in error points out and urges in his brief that no objections were made by defendants below to the action of the court in overruling their motion for a new trial, and that therefore the errors of which they complain have not been properly saved, and cannot be presented and passed upon by this court. In this contention the defendant in error is correct. Greer v. Moorman et al.,
Plaintiffs in error, however, while not combating the above proposition, insist that the court was without jurisdiction to hear and determine this cause, for the reason that it was a matter "wherein the title or boundaries of land may be in dispute or called in question," which questions are taken out of the jurisdiction of the county court *405
by section 12, art. 7, of the Constitution. The jurisdiction of the court does not appear to have been challenged in either the justice of the peace court or in the county court in any way, nor was there a challenge made to the sufficiency of the petition by demurrer, motion, or otherwise, nor do the assignments of error as made in the petition in error raise the question. But it is urged that a question of jurisdiction may be raised at any time; hence an attempt is made to show that the court below was without jurisdiction, and that therefore the cause should be reversed. To support the claim that this suit involves the question of the title to land numerous authorities are cited, including Link v. Schlegel,
Therefore, upon the record presented and considered, it does not affirmatively appear that error has been committed, and we recommend that the case be affirmed.
By the Court: It is so ordered. *407