
    SHIVES v. FROHBERG.
    No. 2976.
    Opinion Filed November 4, 1913.
    (136 Pac. 399.)
    APPEAL AND ERROR — Motion for New Trial — Necessity. Syllabus same as State v. Poor, 33 Olda. 376, 125 Pae. 726.
    (Syllabus by the Court.)
    
      Error from Superior Court,, Pottawatomie County; George C. Abernathy, Judge.
    
    Action by W. E. Shives against Amelis Erohberg. Judgment for defendant, and plaintiff ■ brings error.
    Dismissed.
    
      Crump & Skinner and Blakeney & M'axey, for plaintiff in error.
    /. H. Woods, S. A. Sheldon, and J. H. Miley, for defendant in error.
   PER CURIAM.

This proceeding in error is brought to reverse a judgment rendered upon a demurrer to the evidence, and the errors complained of consist only of errors alleged to have occurred on the trial. The record fails to disclose that a motion for a new trial was filed in the trial court, which motion is necessary in order to review the errors complained of. State v. Poor, 33 Okla. 376, 125 Pac. 726; Stump v. Porter et al., 31 Okla. 157, 120 Pac. 639; State v. Adams, 31 Okla. 775, 123 Pac. 1127; Campbell v. Lane, 31 Okla. 757, 123 Pac. 1061.

The motion to dismiss is sustained.  