67 F.1d 945 - Criner v. Mathews — 67 F. 945

How this case has been cited

Cited by 4 later decisions — most recently April 1937

3 federal appellate ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Appeal—-Assignments of Error—Motion for New Trial.

¶2An order overruling a motion for a new trial is not assignable as error in a federal appellate court.

¶3In Error to the United States Court in the Indian Territory.

¶4This was an action by John B. Criner against Oliver Mathews and Mrs. Mathews to recover possession of a certain farm. There was a verdict and judgment in favor of defendant. Plaintiff moved for a new trial, which motion was overruled. Plaintiff excepted to the overruling of the motion, and brought error to this court.

¶5C. L. Herbert filed brief for plaintiff in error.

¶6H. C. Potterf and Henry Hardy filed brief for defendants in error.

¶7Before CALDWELL, SANBORN, and THAYER, Circuit Judges.

¶8PER CURIAM.

¶9The only error assigned in this case is the overruling of a motion for a new trial. The rule is settled that the overruling of such a motion cannot he made the foundation for an assignment of error in a federal appellate court. The judgment of the United States court in the Indian Territory is affirmed.