Ball v. White
Supreme Court of Oklahoma
Error from District Court, Oklahoma County; Geo. W. Clark, Judge. Action by J. J. White against C. R. Ball and another.. Judgment for plaintiff, and the defendant named brings, error.
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Error from District Court, Oklahoma County; Geo. W. Clark, Judge. Action by J. J. White against C. R. Ball and another.. Judgment for plaintiff, and the defendant named brings, error. This action was commenced by J. J. White, hereinafter called plaintiff, against the Success Realty Company, a corporation, and C. R. Ball.' Upon the ground that the statements in plaintiff’s petition did not state facts sufficient to constitute a cause of action against the Success Realty Company, the action as to said company was dismissed, and the cause proceeded against C. R. Ball, hereinafter designated…
1Opinion of the Court
Opinion by
COLLIER, C.
(after stating the facts as above). This is an equity case, and therefore the fifth, sixth, and seventh .assignments of error are without forcé. In the case of Success Realty Co. v. Trowbridge, ante, p. 402, 150 Pac. 898, this court held:
“Where a jury is impaneled in a case purely of equitable cognizance to aid the court in determining the facts, it is entirely within the discretion of the court as to what interrogatories the court propounds to such jury; and error cannot properly be assigned that the court erred in propounding such interrogatories, or that the…
2Cases cited5 opinions
- St. Louis S. F. R. Co. v. SnowdenSupreme Court of Oklahoma · 1915
- Success Realty Co. v. TrowbridgeSupreme Court of Oklahoma · 1915
- Sulsberger & Sons Co. v. CastleberrySupreme Court of Oklahoma · 1914
- Wm. Cameron & Co. v. HendersonSupreme Court of Oklahoma · 1914
- McConnell v. DavisSupreme Court of Oklahoma · 1915
3Cited by21 opinions
- Mathews v. SniggsSupreme Court of Oklahoma · 1919
- Fraley, Adm'r v. WilkinsonSupreme Court of Oklahoma · 1920
- St. Louis S. F. R. Co. v. BrunerSupreme Court of Oklahoma · 1915
- Webb v. MoranSupreme Court of Oklahoma · 1939
- Cobb v. WhitneySupreme Court of Oklahoma · 1926
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