First Nat. Bank of Taloga v. Farmers' State Guaranty Bank of Thomas
Supreme Court of Oklahoma
Error from District Court, Custer County; Thomas A. Edwards, Judge. Action between the First National Bank of Taloga, Okla., and others and the Farmers’ State Guaranty Bank of Thomas, Okla., and another. The latter were granted a new trial, and the former bring error.
1Opinion of the Court
Opinion by
HOOKER, O.
One of the material questions presented here is whether the trial court is authorized to grant a. new trial on account of newly discovered evidence when the name of the witness and the purport of his testimony were known to the moving party before the trial, and the trial was had without any application for a continuance being made on account of the absent witness, or, in other words, may a party, cognizant of the importance of the testimony that would be given by the absent witness, the name of whom is known to him, proceed to trial and take his chance of success, and…
2Cases cited13 opinions
- Vickers v. Philip Carey Co.Supreme Court of Oklahoma · 1915
- McCants v. ThompsonSupreme Court of Oklahoma · 1911
- Scanlan v. San Francisco & San Joaquin RailwayCalifornia Supreme Court · 1900
- Adamson's Administrator v. Norfolk & Portsmouth Traction Co.Supreme Court of Virginia · 1911
- B. S. Flersheim Mercantile Co. v. GillespieSupreme Court of Oklahoma · 1904
8 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Holland Banking Co. v. DicksSupreme Court of Oklahoma · 1917
- M.-K.-T. R. Co. v. EmbreySupreme Court of Oklahoma · 1934
- Bank of Chelsea v. School Dist. No. 1, Rogers Co.Supreme Court of Oklahoma · 1917
- Bilby v. GibsonSupreme Court of Oklahoma · 1928
- Eskridge v. TaylorSupreme Court of Oklahoma · 1919
13 more not listed; retrieve them via the Exa API.