Mulhall v. Mulhall
Supreme Court of Oklahoma
Error from the District Court, of Logan Comity. Joseph L. Mulhall brought this action in the district court of Logan county to recover upon his petition in two counts, one for the sum of 8130, and one for the sum of 8593.50, a total sum of 8723.50, with interest. On the trial by the court, without a jury, judgment was given the plaintiff in the sum of 8593.50, with interest on that sum, as prayed for, from which defendant appeals.
1Opinion of the Court
The opinion of the court was delivered by
Bibrer, J.:
Plaintiff in error assigns two grounds for the reversal of the judgment of the court below, (1) that the judgment is not sustained by sufficient evidence; (2) that the court erred in permitting evidence, over objection, tending to show payment of defendemt's counter-claim upon plaintiff’s plea of general denial.
As to the first objection, the judgment is amply sustained by the evidence. Joseph Mulhall, the plaintiff, testified that in January, 1891, he furnished defendant the sum of 8130; that this sum of money was expended in the purchase of…
2Cases cited8 opinions
- Missouri Valley R. R. v. CaldwellSupreme Court of Kansas · 1871
- Wilcox & White Organ Co. v. LasleySupreme Court of Kansas · 1889
- Grandstaff v. BrownSupreme Court of Kansas · 1879
- Loper v. StateSupreme Court of Kansas · 1892
- Tipton v. WarnerSupreme Court of Kansas · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Rosser-Moon Furniture Co. v. HarrisSupreme Court of Oklahoma · 1942
- Murphy v. ColtonSupreme Court of Oklahoma · 1896
- Gearhardt v. MoulderSupreme Court of Oklahoma · 1922
- Hill v. ReedSupreme Court of Oklahoma · 1909
- Holt v. MurphySupreme Court of Oklahoma · 1904
9 more not listed; retrieve them via the Exa API.