Rison v. Harris
Supreme Court of Oklahoma
Error from County Court, Marshall County; J. W. Falhner, Judge. Action by A. W. Rison against A. L. Harris. Judgment for defendant, and plaintiff brings error. This was an action to recover rentals reserved in a lease of certain farm lands, which the plaintiff alleged was duly assigned to him. The answer, which was duly verified, denied that the lease had been assigned, and this was the issue in the case.
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Error from County Court, Marshall County; J. W. Falhner, Judge. Action by A. W. Rison against A. L. Harris. Judgment for defendant, and plaintiff brings error. This was an action to recover rentals reserved in a lease of certain farm lands, which the plaintiff alleged was duly assigned to him. The answer, which was duly verified, denied that the lease had been assigned, and this was the issue in the case. It appears from the record that the assignor of this lease had left the country, and therefore his testimony was not available, and that the original lease and the assignment thereof had…
1Opinion of the Court
Opinion by
DEVEREUX, C.
(after stating the facts as above). The first assignment of error we will consider is the reason given by the trial court for refusing to grant a new trial; and this we think is error. In Yarnell v. Kilgore, 15 Okla. 591, 82 Pac. 990, the action of the trial court was very similar to that in the case at bar, and the reasons given by him for refusing to set aside a verdict were almost the same. In reversing the case it is said:
“The trial court misconceived its duties in the premises. Oné of the grounds for a new trial is that the ver-diet is not supported by the evidence,…
2Cases cited16 opinions
- Kansas Pacific Railway Co. v. KunkelSupreme Court of Kansas · 1876
- Hogan v. BaileySupreme Court of Oklahoma · 1910
- Chicago, R. I. & P. Ry. Co. v. GrovesSupreme Court of Oklahoma · 1908
- Kansas City, Wyandotte & Northwestern Railroad v. RyanSupreme Court of Kansas · 1892
- People v. KnutteCalifornia Supreme Court · 1896
11 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Rogers v. HarrisSupreme Court of Oklahoma · 1919
- Perrin v. Union Pac. R.Utah Supreme Court · 1921
- White v. DougalSupreme Court of Oklahoma · 1916
- Gamel v. HyndsSupreme Court of Oklahoma · 1918
- Chicago, R. I. & P. R. Co. v. WarrenSupreme Court of Oklahoma · 1916
11 more not listed; retrieve them via the Exa API.