Legal Opinion

McCann v. McCann

Supreme Court of Oklahoma

Decided July 13, 1909No. 118PublishedCited by 60 opinions

Error from District Court, Kiowa County; Geo. L. Zink, Special Judge. Action by Elma McCann against Fred. McCann and others. Judgment for defendants, and plaintiff brings error.

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Error from District Court, Kiowa County; Geo. L. Zink, Special Judge. Action by Elma McCann against Fred. McCann and others. Judgment for defendants, and plaintiff brings error. On the 23d day of August, 1905, the plaintiff in error, as plaintiff, instituted this action against the defendants in error, Fred McCann Blanch McCann, Abram Pool, C. L. Yan Doren, J. W. Walton, and J. B. Walton, as defendants, in the district court of Xiowa county, territory of Oklahoma, declaring: That she was the owner and holder of three certain promissory notes, each in the sum of $500, dated December 15, 1903,…

1Opinion of the CourtWilliams, J.

(after stating the facts as above). There was evidence introduced, pro and con, by both parties, tending to sup port the respective issues. It is a settled rule of this court that, where a cause is tried without the intervention of a jury, upon controverted questions of fact, and there is evidence reasonably tending to support the findings of the trial court, such findings will not be disturbed on the weight of the. evidence, and when the finding is general, it includes all facts necessary to support the claims of the party in whose favor the judgment is rendered, and upon appeal this court…

2Cases cited24 opinions

  1. Hunter Realty Co. v. SpencerSupreme Court of Oklahoma · 1908
  2. Knaggs v. MastinSupreme Court of Kansas · 1872
  3. Lookabaugh v. BowmakerSupreme Court of Oklahoma · 1908
  4. Saxon v. WhiteSupreme Court of Oklahoma · 1908
  5. Brewer Stannard v. BlackSupreme Court of Oklahoma · 1897

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

3Cited by60 opinions

  1. Alcorn v. DennisSupreme Court of Oklahoma · 1909
  2. Roberts v. MarkhamSupreme Court of Oklahoma · 1910
  3. Porter v. WilsonSupreme Court of Oklahoma · 1913
  4. Wat-Tah-Noh-Zhe v. MooreSupreme Court of Oklahoma · 1913
  5. Wrought Iron Range Co. v. LeachSupreme Court of Oklahoma · 1912

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

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