Hewitt v. Shephard

The parties herein will be referred to as they appeared in the trial court.

Plaintiff, Erma Shephard, on August 26, 1947, filed a bill of particulars in the city court of Muskogee, Oklahoma, setting forth a cause of action for damages for breach of contract against defendant, William Hewitt, and summons was duly issued and served.

No written answer was filed by defendant. His only pleading was a motion to strike certain allegations in the plaintiffs bill of particulars.

On October 16, 1947, both parties being present in person and by attorneys, the cause was tried without a jury and judgment was…