Masters v. Teller
Supreme Court of Oklahoma
Error from the Prolate Court of Kay County, before Robert Neff, Probate Judge. STATEMENT OP PACTS. This was an action brought in the probate court of Kay county, by Teller to recover damages against Masters.
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Error from the Prolate Court of Kay County, before Robert Neff, Probate Judge. STATEMENT OP PACTS. This was an action brought in the probate court of Kay county, by Teller to recover damages against Masters. The amended petition, upon which the c’ase was tried, charged that Masters was the sheriff of Kay county, on the first of January, 1896, and that the plaintiff was at the time the owner and in the lawful possession of a sorrel mare and a buggy, of the aggregate value of $200; that the defendant, in the capacity of sheriff, levied upon the property with a pretended execution, pretended to…
1Opinion of the Court
Opinion of the court by
McAtee, J.:
The errors complained of and argued in the brief were that the evidence did not, as a matter of law, sustain-the verdict, and that the case should have been taken from the jury; and that Teller was guilty of culpable negligence, and probably, fraud, and that the verdict was not sustained by the evidence, and that the instruction of the court quoted in the statement of facts was erroneous.
We cannot sustain the contention. No averment of fraud -was made against the plaintiff by the answer of the defendant; no instruction to that effect was asked of the jury. If…
2Cases cited3 opinions
- Renninger v. Spatz, Pennsylvania Court of Common Pleas, Lancaster County1889
- Sexey v. AdkinsonCalifornia Supreme Court · 1867
- Shultz v. FrankWisconsin Supreme Court · 1853
3Cited by4 opinions
- Frisco Lumber Co. v. WaldockSupreme Court of Oklahoma · 1918
- Waldock v. Frisco Lumber Co.Supreme Court of Oklahoma · 1918
- Williams v. CookSupreme Court of Oklahoma · 1953
- Masters v. TellerSupreme Court of Oklahoma · 1899