Allen v. Jones

I agree the judgment appealed from must be reversed, but I do not concur in the reasoning of the majority opinion. I think the opinion goes contrary to statutes and former decisions.

When the jury returned its general verdict for the defendants, it was the duty of the trial judgé -to render judgment accordingly. Section 427, O'. S. 1931, 12 Okla. St. Ann. § 696.

As the majority opinion discloses, there were issues of fact in the action, and it w,as an action for the recovery' of specific real property and money. Therefore, the issues of fact were triable by' jury and not by the court. It is…