Legal Opinion
Linson v. Spaulding
Supreme Court of Oklahoma
Decided February 23, 1909No. 2184, Okla. TPublishedCited by 11 opinions
Error from District Court, Kingfisher County. Action by D. V. Spaulding against J. T. Linson. Judgment for plaintiff, and defendant brings error.
1Opinion of the CourtDunn, J.
This case presents an appeal from a judgment of the district court of Kingfisher county. There is but one point relied on by counsel for plaintiff' in error to secure a reversal, which is, that a motion for a new trial was overruled by the trial court pro forma. No contention or claim is made that in fact the the judgment was wrong on the merits.
A case from the Supreme Court of the territory of Oklahoma, Board of Commissioners of Washita County v. Hubble, 8 Okla. 169, declared the familiar rule that:
“Error is never presumed by the Supreme Court; it must always be shown affirmatively by the…
2Cases cited3 opinions
- Board of Comrs. of Washita Co. v. HubbleSupreme Court of Oklahoma · 1899
- Pinson & Sunday v. PrentiseSupreme Court of Oklahoma · 1899
- Lewis v. HallSupreme Court of Oklahoma · 1902
3Cited by11 opinions
- Chicago, R. I. & P. Ry. Co. v. BaroniSupreme Court of Oklahoma · 1912
- Tribal Development Co. v. White Bros.Supreme Court of Oklahoma · 1911
- Cox v. WarfordSupreme Court of Oklahoma · 1912
- Hutchison v. BrownSupreme Court of Oklahoma · 1916
- Batts v. CarterSupreme Court of Oklahoma · 1957
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