Legal Opinion

Goodwin v. Kraft

Supreme Court of Oklahoma

Decided March 9, 1909No. 2092, Okla. TPublishedCited by 10 opinions

Error from District Court, Custer County; C. F. Irwin, Judge. Action by Frank Kraft against Charles W. Goodwin. Judgment for plaintiff, and defendant brought error to the Supreme Court of the territory of Oklahoma, whence the cause is transferred to the Supreme Court of the state of Oklahoma.

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Error from District Court, Custer County; C. F. Irwin, Judge. Action by Frank Kraft against Charles W. Goodwin. Judgment for plaintiff, and defendant brought error to the Supreme Court of the territory of Oklahoma, whence the cause is transferred to the Supreme Court of the state of Oklahoma. On August 26, 1905, Frank Kraft, defendant in error, plaintiff below, hereafter called plaintiff, sued Charles W. Goodwin, plaintiff in error, defendant below, hereafter called defendant, in the district court of Custer county, Oída. T., the petition stating, in substance, that he was a resident of the…

1Opinion of the Court

Turara®, J.

(after stating the facts as above). In considering this case, let us first inquire as to what is our duty as an appellate court concerning it. We take it that the case is practically triable by us de novo; that, being before us on an agreed statement of facts, this court is not concerned with the credibility of witnesses or the weight of their testimony, but, the facts being-determined, “we are as competent to 'apply the law to the facts found as was the trial court.” Consolidated Steel & Wire Co. v. Burnham Han. Mun. & Co., 8 Okla. 514, 58 Pac. 654. That being true, we will lose…

2Cases cited11 opinions

  1. Old Colony Railroad v. WilderMassachusetts Supreme Judicial Court · 1884
  2. Consolidated Steel & Wire Co. v. Burnham, Hanna, Munger & Co.Supreme Court of Oklahoma · 1899
  3. Brown v. EvansSupreme Court of Kansas · 1875
  4. Bingham v. Board of Supervisors of Winona CountySupreme Court of Minnesota · 1863
  5. Carpentier v. SmallCalifornia Supreme Court · 1868

6 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. American Iron & MacHine Works Co. v. Insurance Co. of North AmericaSupreme Court of Oklahoma · 1962
  2. McAnally v. CochranSupreme Court of Oklahoma · 1935
  3. Anderson v. Keystone Supply Co.Supreme Court of Oklahoma · 1923
  4. Krauss Et Ux. v. PottsSupreme Court of Oklahoma · 1913
  5. Whitten v. KroegerSupreme Court of Oklahoma · 1938

5 more not listed; retrieve them via the Exa API.

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