Legal Opinion

Lambert v. Harris

Supreme Court of Oklahoma

Decided October 4, 1938No. 28026PublishedCited by 3 opinions

1Opinion of the CourtGibson, J.

The recent case of Erie Railroad Co. v. Harry J. Tompkins, 304 U. S. 64, 58 S. Ct. 817, 82 L. Ed. 1188, by the Supreme Court is cited as authority to induce this court to overrule decisions of nearly two score years’ standing, which during said lapse of time have been followed with practical unanimity, holding to the rule that the verdict of a jury cannot be impeached by affidavits of the jurors which seek to explain it, or to show the grounds upon which it was rendered.

This rule was recently applied by this court in the case of Rice v. Emerson, 181 Okla. 51, 72 P.2d 498. There we said:

“It is…

2Cases cited5 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Clyde Mattox v. United StatesSupreme Court of the United States · 1892
  3. Teeters v. FrostSupreme Court of Oklahoma · 1930
  4. Rice v. EmersonSupreme Court of Oklahoma · 1937
  5. Dillard v. Star Drilling Machine Co.Supreme Court of Oklahoma · 1936

3Cited by3 opinions

  1. Condo v. BealSupreme Court of Oklahoma · 1967
  2. Wilson v. Oklahoma Ry. Co.Supreme Court of Oklahoma · 1952
  3. Wolff v. Oklahoma Railway Co.Supreme Court of Oklahoma · 1939

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