Opinion
No. 27509.
January 9, 1937.
(Syllabus.)
Appeal and Error — Dismissal — Failure to Except to Order Overruling Motion for New Trial.
The failure to except to the order of the trial court overruling motion for new trial is a waiver of error of such ruling and all alleged errors of law occurring at the trial for which a new trial might be granted, and where the petition in error presents only such assignments, the Supreme Court will not review the errors, but will dismiss the appeal.
Appeal from County Court, Coal County; W.B. Thornsbrough, Judge.
Action upon a surety contract by the W. T. Rawleigh Company against Mrs. E.B. Welborn. From a judgment for the defendant, plaintiff appeals. Dismissed.
T.G. Ramsey, for plaintiff in error.
E. Moore, for defendant in error.
This is an appeal from a judgment for the defendant in the trial court. The petition in error presents only such errors as can be reviewed by this court after the filing and determination of a motion for new trial. It appears by an examination of the order overruling the motion for new trial that no exceptions were saved to the action of the trial court in overruling the same. This court has held that it is necessary to except to the order overruling the motion for new trial, and where no exception is saved to such ruling, the errors occurring at the trial cannot be presented for consideration to this court. National Surety Co. v. City of Hobart, 65 Okla. 68, 162 P. 954; Jordan v. Mullendore, 59 Okla. 245, 158 P. 895.
The appeal is dismissed.
OSBORN, V. C. J., and BUSBY, PHELPS, CORN, and GIBSON, JJ., concur. McNEILL. C. J., and RILEY, BAYLESS, and WELCH, JJ., absent.