Harris v. Palmer
Supreme Court of Oklahoma
Error from District Court, Muskogee County; Malcolm E. Rosser, Judge. Action by T. R. Palmer against W. R. Harris, judgment for plaintiff, and defendant brings error. —On discretion of court as to order of proof: Ilannem v. Pence, 40 Minn. 127; Graham & Co. v. Davis & Co., 4 Ohio St. 362; Stephens v. Union Assurance Society, 16 Htah, 23; West v. Cameron, 39 Kan. 736 ; Peterson v. Wood, etc., Co., 97 Iowa, 148. On presumptions and burden of proof in election contests:…
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Error from District Court, Muskogee County; Malcolm E. Rosser, Judge. Action by T. R. Palmer against W. R. Harris, judgment for plaintiff, and defendant brings error. —On discretion of court as to order of proof: Ilannem v. Pence, 40 Minn. 127; Graham & Co. v. Davis & Co., 4 Ohio St. 362; Stephens v. Union Assurance Society, 16 Htah, 23; West v. Cameron, 39 Kan. 736 ; Peterson v. Wood, etc., Co., 97 Iowa, 148. On presumptions and burden of proof in election contests: Stack-pole v. Hallaban, 28 L. R. A. 506; State v. Saxon, 32 Am. St. Rep. 46.
1Opinion of the Court
DuNN, O. J.
This case presents error from the district court of Muskogee county, and grows out of a contest over the office of county commissioner of -the first commissioner’s district of that county. On a trial to the court judgment was rendered finding that the plaintiff was entitled to the office. A motion for new trial was duly filed and overruled, to which exception was saved, and the case has been brought to this court for review.
Two questions are presented for our consideration. First, it is contended that the court erred in overruling the objection of defendant to the introduction of…
2Cases cited7 opinions
- People Ex Rel. Attorney General Ex Rel. Boyer v. TeagueSupreme Court of North Carolina · 1890
- Gumm v. HubbardSupreme Court of Missouri · 1888
- Whipley v. McKuneCalifornia Supreme Court · 1859
- Stephens v. Union Assurance SocietyUtah Supreme Court · 1897
- Hannem v. PenceSupreme Court of Minnesota · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- St. Louis S. F. R. Co. v. LongSupreme Court of Oklahoma · 1913
- Dunagan v. Town of Red RockSupreme Court of Oklahoma · 1916
- Reid v. City of MuskogeeSupreme Court of Oklahoma · 1929
- Stetler v. BolingSupreme Court of Oklahoma · 1915
- Booker Tobacco Co. v. WallerSupreme Court of Oklahoma · 1913
1 more not listed; retrieve them via the Exa API.