# Vann v. Board of Ed., Town of Lenapah

> Supreme Court of Oklahoma · September 23, 1924 · 102 Okla. 286

URL: https://www.frixlaw.com/law-library/cases/3830011

## Case

- **Full name:** VANN Et Al. v. BOARD OF ED., TOWN OF LENAPAH
- **Court:** Supreme Court of Oklahoma
- **Decided:** September 23, 1924
- **Citations:** 102 Okla. 286; 229 P. 1115; 1924 OK 781; 1924 Okla. LEXIS 200
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** PER CURIAM.
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3830011

## Opinion text

PER CURIAM.
Judgment was rendered in this cause August 31. 1923. Plaintiff’s motion for new trial was not filed until October 12, 1923, and after the term at which the judgment was rendered. Pive grounds were stated in the motion. The first ground alleged is irregularity in the" proceedings of the court by which plaintiffs were prevented from having a fair trial. The district court may vacate or modify its judgments or orders, after the terms at which such judgment or order was made, for irregularity in the proceedings as provided in subdivision 3 of section 810, Comp. Stats. 1921. However, the record in the instant case fails- to point out the irregularity if any was committed. The 2d, 3rd, and 5th grounds assigned are errors of law occurring at the trial, which must be presented within the three-day period. The 4th and remaining' ground presented is newly discovered evidence. Section 576, Comp. Stat. 1921, provides the procedure applicable where a new trial is sought on this ground after the term at which the decision was rendered. None of the requirements provided in this section were complied with or waived. A substantial compliance with these provisions was necessary. Dougal v. White, 89 Okla. 107 , 213 Okla. 868 ; Anderson v. Lynch, 98 Okla. 137 , 221 Pac. 415 .
The record presents nothing that can be reviewed, except errors of law occurring at the trial, and no motion for a new trial being filed within 3 days, the appeal is dismissed. -
J

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3830011. Public record. Not legal advice.