Legal Opinion

Wertz v. Barnard

Supreme Court of Oklahoma

Decided March 19, 1912No. 1667PublishedCited by 10 opinions

Brror from Wagoner County Court; W. T. Drake, Judge. Action by John M. Barnard against Benjamin F. Wertz. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

Opinion by.

BREWER, C.

This is a suit in replevin. It was commenced on the 12th day of September, 1908, by John M. Barnard, defendant in error, plaintiff below, against Benjamin F. Wertz, plaintiff in error, defendant below, by petition and affidavit in replevin. Hereafter we will refer to the parties as they were known in the trial court. After issues joined, the' cause was on October 7, 1909, tried to a jury, who made a special finding of facts, and they returned the same with a general verdict in favor of the plaintiff below. After motion for a new trial filed, overruled, and exception…

2Cases cited5 opinions

  1. Cit. State Bank of Lawton v. Chattanooga State BankSupreme Court of Oklahoma · 1909
  2. Brook v. BaylessSupreme Court of Oklahoma · 1898
  3. Home Building & Loan Ass'n v. NolanMontana Supreme Court · 1898
  4. Thorp v. FlemingSupreme Court of Kansas · 1908
  5. First National Bank of Okarche v. TeatSupreme Court of Oklahoma · 1896

3Cited by10 opinions

  1. Farmers' Product & Supply Co. v. BondSupreme Court of Oklahoma · 1916
  2. Studebaker Bros. Co. of Utahv. WitcherNevada Supreme Court · 1921
  3. Cherry Bros. Trading Co. v. Rock Island Implement Co.Supreme Court of Oklahoma · 1923
  4. Schofield v. City of TulsaSupreme Court of Oklahoma · 1925
  5. McKelvy v. Choctaw Cotton Oil Co.Supreme Court of Oklahoma · 1919

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