Johnson v. Moore
Supreme Court of Oklahoma
Error from District Court, Noble County; W. M. Bowles, Judge. Action by S. A. Moore against Petty Johnson. Judgment for plaintiff, and defendant brings error. This was an action on two promissory notes, and also to foreclose a chattel mortgage given to secure the same.
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Error from District Court, Noble County; W. M. Bowles, Judge. Action by S. A. Moore against Petty Johnson. Judgment for plaintiff, and defendant brings error. This was an action on two promissory notes, and also to foreclose a chattel mortgage given to secure the same. It appears that there had been a former trial of the same case, in which the plaintiff testified as a witness in his own behalf, and on the- trial of this case the defendant offered to prove by the notes of the official stenographer that the plaintiff had given a different account' of the transaction when he testified at the…
1Opinion of the Court
Opinion by
DEVEREUX, C.
(after stating the facts as above). There was error in excluding the testimony of the stenographer. In Wilmoth v. Wheaton, 81 Kan. 29, 105 Pac. 89, it is said:
“To reproduce the evidence of a witness deceased or absent from the jurisdiction of the court who has testified to the fact in issue on a former trial, it is not error to permit the court stenographer to translate and read his stenographic notes of such evidence in the hearing of the jury, instead of requiring that the notes be transcribed and certified.”
And see Harman v. Territory, 15 Okla. 147, 79 Pac. 765.
If…
2Cases cited3 opinions
- State v. StoneMontana Supreme Court · 1909
- Harmon v. Territory of OklahomaSupreme Court of Oklahoma · 1905
- Wilmoth v. WheatonSupreme Court of Kansas · 1909
3Cited by3 opinions
- Klein v. MuhlhausenSupreme Court of Oklahoma · 1921
- Ridinger v. StateCourt of Criminal Appeals of Oklahoma · 1953
- Hill v. WilsonSupreme Court of Oklahoma · 1927