McDonald, Adm'r v. Strawn
Supreme Court of Oklahoma
Error from County Court, Mc-Curtain County; .T. D. Parks, Judge. This is a replevin action commenced in the county court of McCurtain county, on March 11, 1915, by plaintiff in error, H. C. McDonald, as administrator of the estate of Paul Stephens, deceased, to recover certain cattle from defendant in error, Roscoe Strawn.
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Error from County Court, Mc-Curtain County; .T. D. Parks, Judge. This is a replevin action commenced in the county court of McCurtain county, on March 11, 1915, by plaintiff in error, H. C. McDonald, as administrator of the estate of Paul Stephens, deceased, to recover certain cattle from defendant in error, Roscoe Strawn. The plaintiff alleged that the cattle involved belonged to Paul Stephens, deceased, during his lifetime, and sought their recovery as a part of the assets of the estate. Defendant contended that he purchased the cattle from John Noah, nephew of Paul Stephens, as the agent…
1Opinion of the CourtRamsey, J.
{after stating the case). 1. The plaintiff in error contends that there was not sufficient evidence to sustain the verdict of the jury. This assignment of error is overruled because plaintiff failed to move the trial court to direct the jury to return a verdict in his favor. There is no direct appeal to this court from the verdict of a jury in an action at law. In actions at law this court on appeal considers only alleged errors of law, and not questions of fact.
Thus, 2 Standard Proc. 434, says: ___
“An appellate court, in connection with appeals for the review of errors, is not a trier of…
2Cases cited74 opinions
- Turner v. . City of NewburghNew York Court of Appeals · 1888
- United States Fidelity & Guaranty Co. v. Board of Com'rs of Woodson CountyCourt of Appeals for the Eighth Circuit · 1906
- Ohio & Mississippi Railway Co. v. WalkerIndiana Supreme Court · 1888
- Schock v. FishSupreme Court of Oklahoma · 1914
- Mathews v. SniggsSupreme Court of Oklahoma · 1919
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3Cited by64 opinions
- In Re Initiative Petition No. 314Supreme Court of Oklahoma · 1980
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- Miller v. Germain Seed & Plant Co.California Supreme Court · 1924
- Bredouw v. JonesSupreme Court of Oklahoma · 1967
- Master Commodities, Inc. v. Texas Cattle Management Co.Court of Appeals for the Tenth Circuit · 1978
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