Yates v. First Nat. Bank of Mill Creek
Supreme Court of Oklahoma
Error from District Court, Johnston County; A. T. West, Judge. Action by E. M. Yates against the First National Bank of Mill Creek. From the judgment plaintiff brings error.
1Opinion of the Court
Opinion by
SHARP, C.
Plaintiff brought suit to recover usurious interest amounting to $1,242.70. The jury returned a verdict in his favor for $1.
Plaintiff’s motion for a new trial contains numerous grounds, but wholly omits to assign the fifth subdivision of section 5825, Comp. Laws 1909 (Rev. Laws 1910, sec. 5033), authorizing the trial court to vacate the verdict of a jury and grant a new trial, where there is error in the assessment of the amount of recovery, whether too large or too small, where the action is upon a contract or for injury or detention of property.
Plaintiff’s several causes…
2Cases cited10 opinions
- Southwestern Cotton Seed Oil v. the Bank of StroudSupreme Court of Oklahoma · 1902
- Crandell v. WhiteMassachusetts Supreme Judicial Court · 1895
- Fire Department of Oshkosh v. TuttleWisconsin Supreme Court · 1880
- Dalton v. LaudahnMichigan Supreme Court · 1874
- Graham v. YatesSupreme Court of Oklahoma · 1912
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Miller v. Oklahoma State Bank of AltusSupreme Court of Oklahoma · 1915
- Baker v. Citizens' State Bank of OkeeneSupreme Court of Oklahoma · 1917
- Shoenfelt v. Donna Belle Loan & Inv. Co.Supreme Court of Oklahoma · 1935
- Commerce Trust Co. v. School Dist. No. 37Supreme Court of Oklahoma · 1915
- Ex Parte VancurenSupreme Court of Oklahoma · 1929
1 more not listed; retrieve them via the Exa API.