Legal Opinion

Browning v. Akins

Supreme Court of Oklahoma

Decided September 5, 1900PublishedCited by 4 opinions

Error from the District Court of Noble County; before Bay-ard T. Hainer, District Judge. STATEMENT OE THE CASE. This is an action of replevin, instituted in the district court of Noble county, on the 4th day of December, 1897, against the defendant, S. A. Akins.

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Error from the District Court of Noble County; before Bay-ard T. Hainer, District Judge. STATEMENT OE THE CASE. This is an action of replevin, instituted in the district court of Noble county, on the 4th day of December, 1897, against the defendant, S. A. Akins. It is alleged in the petition that one J. W. Augustine, was engaged in carrying on a dry goods business in the city of Perry, and made a property statement to the R. G. Dun Mercantile company, which statement was in writing and signed by the said J. W. Augustine, and a copy of which was attached to said petition, and marked exhibit…

1Opinion of the Court

Opinion of the court by

Irwin, J.:

The first assignment of error is:

“The court committed error of law on the trial of said cause by excluding evidence offered by the plaintiffs as to the goods being sold on the representation made by J. W. Augustine, to R. Gr. Hun & Co. Mercantile agency, and to which action of the court the plaintiffs in error did then and there duly except.”

Second: “The court committed error of law in holding that the statement marked exhibit ‘A,’ attached to the petition of plaintiffs, must be proved to have been executed by J. W. Augustine, although the execution of said…

2Cases cited1 opinion

  1. Gready v. ReadyWisconsin Supreme Court · 1876

3Cited by4 opinions

  1. City of Tulsa v. GrierSupreme Court of Oklahoma · 1924
  2. Mid-West Insurance Co. v. ShraderSupreme Court of Oklahoma · 1924
  3. Missouri, K. T. Ry. Co. v. Jones, TrusteeSupreme Court of Oklahoma · 1912
  4. Miller v. MillerSupreme Court of Oklahoma · 1935

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