Hussey v. Blaylock
Supreme Court of Oklahoma
Error from the United States Court for the Central District of Indian Territory, at Atolcaj Thomas C. Humphrey, Judge. Action in replevin by D. B. Hussey against W. W. Blaylock. Judgment for defendant, and plaintiff brings error.
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Error from the United States Court for the Central District of Indian Territory, at Atolcaj Thomas C. Humphrey, Judge. Action in replevin by D. B. Hussey against W. W. Blaylock. Judgment for defendant, and plaintiff brings error. On July 14, 1905, D. B. Hussey,' plaintiff in error, plaintiff below, sued W. W. Blaylock, defendant in error, defendant below, in replevin before the United States Commissioner within and for the Atoka-Coalgate Division of the Central District of the Indian Territory, for one black horse mule, not branded, six years old and about sixteen hands high, “worth $125”;…
1Opinion of the CourtTurner, J.
(after stating the facts as above) . The only assignment necessary for us to consider is: “The court erred in refusing to-instruct the jury in favor of the plaintiff.”
We are well aware that if there is any evidence, direct or circumstantial, fairly tending to support the verdict, it must stand, Every presumption is in its favor, and all doubts must be resolved in its favor. The court will not weigh or balance the evidence. Gulf, C. & S. F. Ry Co. v. Ellis, 54 Fed. 481, 4 C. C. A. 454.
The testimony discloses that the plaintiff for some time prior to the bringing of this suit was a timber and…
2Cases cited3 opinions
- Gulf, C. & S. F. Ry. Co. v. EllisCourt of Appeals for the Eighth Circuit · 1893
- Irwin v. DoleCourt of Appeals of Kansas · 1898
- Quinton v. CutlipSupreme Court of Oklahoma · 1893
3Cited by7 opinions
- Lusk v. BandySupreme Court of Oklahoma · 1919
- Kelley v. WoodSupreme Court of Oklahoma · 1911
- Grimes v. WilsonSupreme Court of Oklahoma · 1911
- Lynch v. HalsellSupreme Court of Oklahoma · 1912
- Oklahoma Stockyards Nat. Bank v. PierceSupreme Court of Oklahoma · 1925
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