Legal Opinion

Pitchlynn v. Cherry

Supreme Court of Oklahoma

Decided February 6, 1912No. 1534PublishedCited by 8 opinions

Error from Bryan County Court, Caddo Division; Charles A. Phillips, Judge. Action by Carlisle Pitchlynn, by his guardian, Grace Pitch-lynn, against Jesse Cherry, to recover rent. Judgment for the defendant for damages in the sum of $75 by reason of attachment wrongfully issued. Plaintiff brings error.

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Error from Bryan County Court, Caddo Division; Charles A. Phillips, Judge. Action by Carlisle Pitchlynn, by his guardian, Grace Pitch-lynn, against Jesse Cherry, to recover rent. Judgment for the defendant for damages in the sum of $75 by reason of attachment wrongfully issued. Plaintiff brings error. This is an action on a lease contract, begun in the Caddo Division of the cqunty court of Bryan county on August 1, 1909, by Carlisle Pitchlynn, a minor, by his guardian, Grace Pitchlynn, against Jesse Cherry, to recover $800 as rent on certain real estate. Plaintiff alleged that the original…

1Opinion of the Court

Opinion by

ROBERTSON, C.

(after stating the facts as above). Only two assignments of error are relied upon by plaintiff in error in his brief; the first being:

“The court erred in refusing to give instructions requested by counsel for plaintiff in error on assignment, and in giving instructions numbered 2, 3, 4, 5, and 6.”

There is no attempt by counsel for plaintiff in error to comply with rule 25 (20 Okla. xii, 95 Pac. viii) of .this court, which requires that, where a party complains of the giving or refusing of instructions, he must set out in his brief totidem verbis separately the portions…

2Cases cited6 opinions

  1. City of Shawnee v. SlankardSupreme Court of Oklahoma · 1911
  2. Seaver v. RulisonSupreme Court of Oklahoma · 1911
  3. Colcord v. CongerSupreme Court of Oklahoma · 1900
  4. Reynolds v. HillSupreme Court of Oklahoma · 1910
  5. Lynn v. JacksonSupreme Court of Oklahoma · 1910

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. St. Louis & S. F. R. Co. v. BrownSupreme Court of Oklahoma · 1914
  2. Tulsa St. Ry. Co. v. JacobsonSupreme Court of Oklahoma · 1913
  3. Egan v. First Nat. Bank of TulsaSupreme Court of Oklahoma · 1917
  4. Carter State Bank v. RossSupreme Court of Oklahoma · 1915
  5. Chicago, R. I. & P. Ry. Co. v. BrownSupreme Court of Oklahoma · 1916

3 more not listed; retrieve them via the Exa API.

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