Legal Opinion

National Refrigerator & Butchers' Supply Co. v. Elsing

Supreme Court of Oklahoma

Decided July 11, 1911No. 975PublishedCited by 18 opinions

Error from District Court, Pittsburg County; Preslie B. Cote, Judge. Action between the National Refrigerator & Butchers’ Supply Company and John Elsing. From an order granting a new trial, the Supply Company brings error.

1Opinion of the CourtKane, J.

The only ground for reversal urged in the above-entitled cause is that the court below abused its discretion in granting a new trial. We have examined the record, and cannot agree with counsel for plaintiff in error. The motion for a new trial contains substantially all the statutory grounds, and it is not clear from the record upon what ground a new trial was granted. Under similar circumstances this court held:

“The granting of a new trial being so much within the discretion of the trial court, this court will not reverse an order of such court granting a new trial, unless error is clearly…

2Cases cited2 opinions

  1. Hogan v. BaileySupreme Court of Oklahoma · 1910
  2. Cit. State Bank of Lawton v. Chattanooga State BankSupreme Court of Oklahoma · 1909

3Cited by18 opinions

  1. Hughes v. Chicago, R. I. & P. Ry. Co.Supreme Court of Oklahoma · 1913
  2. St. Louis S. F. R. Co. v. WootenSupreme Court of Oklahoma · 1913
  3. Rogers v. QuabnerSupreme Court of Oklahoma · 1913
  4. Chapman v. MasonSupreme Court of Oklahoma · 1911
  5. Missouri, K. & T. R. Co. v. JamesSupreme Court of Oklahoma · 1916

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