HANKINS v. FARMERS & MERCHANTS BANK CO.

HANKINS v. FARMERS & MERCHANTS BANK CO.
1926 OK 192
244 P. 416
114 Okla. 121
Case Number: 17155
Decided: 03/02/1926
Supreme Court of Oklahoma

HANKINS
v.
FARMERS & MERCHANTS BANK CO.

Syllabus

¶0 1. Appeal and Error--New Trial--Newly Discovered Evidence--Issue for Determination. Where a motion for a new trial is based upon the ground of newly discovered evidence, the sufficiency of the motion is the only question to be determined.
2. Same--Insufficiency of Motion. Where a motion for a new trial, based upon the ground of newly discovered evidence, is not sworn to, is unsupported by affidavits, does not set forth the facts newly discovered or that the witness to be called will testify to the same, and no evidence is introduced on the hearing, the same is a nullity and presents nothing to this court for its consideration.

Walter & Hilpirt, for plaintiff in error.
E. C. Patton, for defendant in error.

PER CURIAM.