Legal Opinion

J. I. Case Threshing MacH. Co. v. Lyons Co.

Supreme Court of Oklahoma

Decided December 16, 1913No. 3029PublishedCited by 23 opinions

Error from District Court, Harper County; R. H. Loofbourrow, Judge. Action by Lyons & Co. against the J. I. Case. Threshing Machine Company. Judgment for plaintiff, and defendant brings error.

1Opinion of the CourtWilliams, J.

This proceeding in error is to review the action of the trial court wherein a judgment was rendered in favor of the defendant in error, without the intervention of a jury.

This court has time and again held:

“A case having been tried to the court, without a jury, a general finding by said court in favor of one of the parties will be given, upon appeal, the same weight as the verdict of a jury, and where the evidence was partly oral and partly in writing and conflicting, and the finding of the court is general, such finding is a finding of every special thing to be found to sustain the general…

2Cases cited5 opinions

  1. Jack v. National BankSupreme Court of Oklahoma · 1906
  2. Roberts v. MosierSupreme Court of Oklahoma · 1913
  3. United States Fidelity & Guaranty Co. v. ShirkSupreme Court of Oklahoma · 1908
  4. Fant v. CampbellSupreme Court of Oklahoma · 1899
  5. Farmers' & Merchants' Nat. Bank of Horbart v. School Dist. No. 56Supreme Court of Oklahoma · 1913

3Cited by23 opinions

  1. Schaff v. CoyleSupreme Court of Oklahoma · 1925
  2. Leasure v. HughesSupreme Court of Oklahoma · 1919
  3. Burke v. SmithSupreme Court of Oklahoma · 1916
  4. Barnett v. BarnettSupreme Court of Oklahoma · 1920
  5. First Nat. Bank of Muskogee v. ClarkSupreme Court of Oklahoma · 1923

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