Legal Opinion

Evans v. Smith

Supreme Court of Oklahoma

Decided July 27, 1915No. 4540PublishedCited by 11 opinions

Error from Suverior Court, Muskogee County; Farrar L. McCain, Judge. Replevin by David Smith against Rees Evans, as: executor of Famous Smith. Judgment for plaintiff, and; defendant brings error.

1Opinion of the Court

Opinion by

BREWER, C.

This is a replevin suit, brought by David Smith, as plaintiff below, against Rees Evans, executor of the estate of Famous Smith, to recover a certain horse. At a trial before a jury the plaintiff prevailed, the jury returning a verdict in favor of plaintiff, without finding specifically the value of the horse in controversy; and on this verdict the court entered judgment solely for a return of the property to plaintiff, it in the meantime having been turned over to the defendant under his redelivery bond.

The defendant below, the executor, as plaintiff in error here, relies…

2Cases cited4 opinions

  1. Ward v. RichardsSupreme Court of Oklahoma · 1911
  2. Crisp v. Gillespey, SheriffSupreme Court of Oklahoma · 1915
  3. Davis v. GraySupreme Court of Oklahoma · 1913
  4. Hartzell v. HartzellSupreme Court of Oklahoma · 1914

3Cited by11 opinions

  1. Gross v. LincolnSupreme Court of Oklahoma · 1921
  2. Oklahoma Petroleum & Gasoline Co. v. WinshipSupreme Court of Oklahoma · 1921
  3. Mitchell v. DadasSupreme Court of Oklahoma · 1934
  4. Creek Coal Mining Co. v. PaprottaSupreme Court of Oklahoma · 1918
  5. Jackson v. DardenSupreme Court of Oklahoma · 1921

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