Berry v. Geiser Manufacturing Co.
Supreme Court of Oklahoma
Error from Hie District Court of Kay County; before Bayard T. Iiainer, Trial Judge. STATEMENT OF FACTS This was an action brought by the plaintiffs in error against the defendant in error in the district court of Kay county, for damages for the conversion of certain personal property by the defendant in error belonging to the plaintiffs in error, which said property is fully set forth and described in the petition, which is as follows: “In the District Court of Kay County,…
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Error from Hie District Court of Kay County; before Bayard T. Iiainer, Trial Judge. STATEMENT OF FACTS This was an action brought by the plaintiffs in error against the defendant in error in the district court of Kay county, for damages for the conversion of certain personal property by the defendant in error belonging to the plaintiffs in error, which said property is fully set forth and described in the petition, which is as follows: “In the District Court of Kay County, Oklahoma Territory. "AMENDED PETITION “Come now the plaintiffs above named, and by leave of court first had and obtained,…
1Opinion of the Court
Opinion of the court by
Irwin, J.:
The first assignment of error is the sustaining of the motion to strike out certain parts of the petition. Wilson’s Statutes, general section 4323, provides:
“If redundant or irrelevant matter be inserted in any pleadings, it may be stricken out on the motion of the party prejudiced thereby.”
The ruling of the court striking out certain parts of the petition, .must depend for its correctness upon two propositions. 1st, was the matter stricken out redundant, or irrelevant. Judge Black, in his Law Dictionary, page 1009 defines redundancy to be, “The insertion in a…
2Cases cited1 opinion
- The Geiser Mfg. Co. v. BerrySupreme Court of Oklahoma · 1902
3Cited by10 opinions
- Mattoon v. City of NormanSupreme Court of Oklahoma · 1980
- Crump v. LanhamSupreme Court of Oklahoma · 1917
- St. Louis S. F. R. Co. v. BrunerSupreme Court of Oklahoma · 1915
- McGrath v. EichoffSupreme Court of Oklahoma · 1940
- Coody v. CoodySupreme Court of Oklahoma · 1913
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