Tootle, Wheeler & Motter Mercantile Co. v. Floyd
Supreme Court of Oklahoma
Action by F. M. Floyd against the Tootle, Wheeler & Motter Mercantile Company. Judgment for plaintiff, and defendant brings error. Defendant in error originally brought this action against plaintiff in error in a justice of the peace court to recover the sum of $150 as rents on his certain building situated in the city of' Pawhuska for the month of April, 1908, and for attachment against plaintiff in error’s property to enforce the judgment.
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Action by F. M. Floyd against the Tootle, Wheeler & Motter Mercantile Company. Judgment for plaintiff, and defendant brings error. Defendant in error originally brought this action against plaintiff in error in a justice of the peace court to recover the sum of $150 as rents on his certain building situated in the city of' Pawhuska for the month of April, 1908, and for attachment against plaintiff in error’s property to enforce the judgment. From a judgment in tbe justice, of the peace court in favor of defendant in error for the amount sued for, and sustaining the attachment, appeal was…
1Opinion of the CourtHayes, J.
(after stating the facts as above). Several assignments of error have been presented, but they, in effect, present but two contentions for reversal, the first of which is that the evidence is insufficient to support the personal judgment against plaintiff in error. This contention cannot be considered. The ease-made does not contain a positive averment by way of recital that it contains all the evidence submitted or introduced on the trial of the cause. In the absence of such recital in the case-made, this court will not review any question depending upon the facts for its determination.…
2Cases cited2 opinions
- Martin v. GassertSupreme Court of Oklahoma · 1906
- Wagner v. Sattley Mfg. Co.Supreme Court of Oklahoma · 1909
3Cited by14 opinions
- Gaffney v. StanardSupreme Court of Oklahoma · 1912
- Eckhardt v. TaylorSupreme Court of Kansas · 1913
- Seibold v. City of MuskogeeSupreme Court of Oklahoma · 1932
- Worrell v. FellowsSupreme Court of Oklahoma · 1913
- Crump v. SadlerSupreme Court of Oklahoma · 1913
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