Legal Opinion

Tobin v. O'Brieter

Supreme Court of Oklahoma

Decided February 15, 1906PublishedCited by 17 opinions

Error from the District Court of Oklahoma County; before B. F. Burwell, Trial Judge. STATEMENT OR RACTS. This is an action begun in the district court of Oklahoma county, and tried at the September term, 1903. In the petition, the plaintiff asks to have set aside certain deeds executed by the plaintiff to the defendant, on the grounds of fraud, and Avant of mental capacity. To this petition the defendant files an answer which is practically a general denial.

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Error from the District Court of Oklahoma County; before B. F. Burwell, Trial Judge. STATEMENT OR RACTS. This is an action begun in the district court of Oklahoma county, and tried at the September term, 1903. In the petition, the plaintiff asks to have set aside certain deeds executed by the plaintiff to the defendant, on the grounds of fraud, and Avant of mental capacity. To this petition the defendant files an answer which is practically a general denial. On the trial a jury was called by the court, and questions of fact were siibmitted to the jury. The evidence was heard and the jury…

1Opinion of the Court

Opinion of the court by

Irw.tn, J.:

In this case there are five reasons assigned by plaintiff in error for a reversal of this case. All except one, are based upon erroneous findings of the jury. The first assignment of error is,

“The answer of the jury to interrogatory No. 16, is not supported by the evidence; 2nd, the answer to special interrogatory No. 19, is not supported by the evidence; 3rd, the special findings of the jury, approved by the court, are inconsistent, and contradictory; 4th, the trial court erred in admitting certain incompetent and immaterial testimony on behalf of plaintiff,…

2Cases cited2 opinions

  1. Mutual Life Insurance v. TillmanTexas Supreme Court · 1892
  2. Moors v. SanfordCourt of Appeals of Kansas · 1895

3Cited by17 opinions

  1. City of Chickasha v. O'BrienSupreme Court of Oklahoma · 1915
  2. Parker v. HamiltonSupreme Court of Oklahoma · 1915
  3. City of Tulsa v. GrierSupreme Court of Oklahoma · 1924
  4. Liles v. BigpondSupreme Court of Oklahoma · 1942
  5. Butcher v. McGinnSupreme Court of Oklahoma · 1985

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