Leavitt v. Deichmann
Supreme Court of Oklahoma
Error from Tulsa County Court; N. J. Gubser, Judge. Action by Peter Deichmann against John H. Leavitt for attorney’s fees. Judgment for plaintiff, and defendant brings error.
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Error from Tulsa County Court; N. J. Gubser, Judge. Action by Peter Deichmann against John H. Leavitt for attorney’s fees. Judgment for plaintiff, and defendant brings error. On April 16, 1908, Peter Deichmann, hereinafter called plaintiff, filed suit in the justice court of Tulsa county against J. H. Leavitt, hereinafter called defendant, and sought thereby to recover the sum of $75 as attorney’s fee alleged to be due and unpaid; on May 19th thereafter, he amended his bill of particulars and asked $200, instead of $75. Default judgment was rendered in the justice court in favor of plaintiff…
1Opinion of the Court
Opinion by
ROBERTSON, C.
(after stating the facts as above). Counsel for defendant complains of the action of the court in giving the following instruction, viz>: “The court instructs the jury that the pleadings in the case form no part of the evidence.” The record shows that on April 16, 1908, plaintiff filed his bill of particulars in this case in the justice court, claiming of the defendant the sum of $75; thereafter, on May 19th, he filed an amended bill of particulars, in which he claimed $200. Both these pleadings were sworn to by plaintiff. On page 43 of the record, it appears that the…
2Cases cited5 opinions
- Daub v. EnglebachIllinois Supreme Court · 1884
- Ludwig v. BlackshereSupreme Court of Iowa · 1897
- Miller v. NicodemusNebraska Supreme Court · 1899
- Juneau v. StunkleSupreme Court of Kansas · 1889
- Pence v. SweeneyIdaho Supreme Court · 1891
3Cited by7 opinions
- Klein v. MuhlhausenSupreme Court of Oklahoma · 1921
- Butler v. GillSupreme Court of Oklahoma · 1912
- Hanson v. Kent & Purdy Paint Co.Supreme Court of Oklahoma · 1912
- Kanimaya v. Choctaw Lbr. Co.Supreme Court of Oklahoma · 1930
- Forry v. MickleSupreme Court of Oklahoma · 1937
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