Legal Opinion
Mascho El Al. v. Johnson
Supreme Court of Oklahoma
Decided November 23, 1915No. 5049PublishedCited by 4 opinions
Error from District Court, Lincoln County; Chas. B. Wilson, Jr., Judge. ■ , Action by Sallie M. Johnson against A. A. Mascho and others. Judgment for plaintiff, and defendants bring error.
1Opinion of the CourtHardy, J.
After a jury had been impaneled, counsel for the respective parties stated their case and the facts they expected the evidence to show to the jury, at the close of which plaintiff moved the court for judgment, which motion was sustained. This wag error. In Sullivan v. Williamson et al., 21 Okla. 844, 98 Pac. 1001, it is said:
“The petition stating a good cause of action, it was error for the court below to sustain a motion to dismiss the cause and render judgment against the plaintiff upon the opening statement of his counsel. ‘Such a motion will not be granted merely because counsel fails to…
2Cases cited4 opinions
- Wagner v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1906
- Cowart v. Parker-Washington Co.Supreme Court of Oklahoma · 1913
- Sullivan v. WilliamsonSupreme Court of Oklahoma · 1908
- Minnetonka Oil Co. v. Cleveland Vitrified Brick Co.Supreme Court of Oklahoma · 1915
3Cited by4 opinions
- Fiegel v. First Nat. Bank of KingfisherSupreme Court of Oklahoma · 1923
- Patterson v. MorganSupreme Court of Oklahoma · 1916
- MacKey v. BoswellSupreme Court of Oklahoma · 1916
- MacKey v. BoswellSupreme Court of Oklahoma · 1916