Legal Opinion

Hurst v. Hill

Supreme Court of Oklahoma

Decided November 18, 1911No. 1232Published

Error from District Court, Oklahoma County; George W. Clark, Judge. Action by J. E. Hurst against W. B. Hill. Judgment for defendant in the district court on appeal from a justice court, and plaintiff brings error.

1Opinion

ON REHEARING.

It was decided in the original opinion in this case that where instructions were given orally and exceptions saved orally, and'both instructions and exceptions were taken by the stenographer and certified in the case-made, this court could consider the points thus saved. A rehearing wras granted as to this question, and it has been presented again by oral argument and in typewritten briefs.

It is contended with force and ability that exceptions to instructions cannot be saved except,'as provided in section 5795, Comp. Laws 1909, by writing the exception at the end of the…

2Cases cited10 opinions

  1. Menten v. ShutteeSupreme Court of Oklahoma · 1902
  2. Ohio & Mississippi Railway Co. v. DunnIndiana Supreme Court · 1894
  3. Burk v. AndisIndiana Supreme Court · 1884
  4. Green v. Incorporated Town of YeagerSupreme Court of Oklahoma · 1909
  5. Heaton v. WhiteIndiana Supreme Court · 1882

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