Tobin v. Gantt
Supreme Court of Oklahoma
Error from District Oourt, Oklahoma County; John W. Hayson, Judge. Action by L. M. Gantt and another against John Tobin and another for rescission of contract. Judgment for plaintiffs, and defendants bring error.
1Opinion of the Court
OWEN, O. J.
This ease was tried, without objection, to a jury and seven interrogatories submitted, two of which were not answered. The reasons urged for reversal are: (1) Errors in instructions to the jury; (2) failure of the jury to answer two of the interrogatories; (3) judgment is not supported by the evidence.
While questions of fact may 'be submitted to a jury, in cases of equitable cognizance, its verdict is merely advisory, and may be adopted or rejected by the court, whose duty it is ultimately to determine all questions, both of fact and of law. Alleged errors in the instructions to…
2Cases cited7 opinions
- Probst v. BearmanSupreme Court of Oklahoma · 1919
- Anderson v. KelleySupreme Court of Oklahoma · 1916
- Columbus Power Co. v. City Mills Co.Supreme Court of Georgia · 1902
- Benn v. TrobertSupreme Court of Oklahoma · 1919
- State v. FarishCourt of Appeals of Mississippi · 1852
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Waggoner v. JohnstonSupreme Court of Oklahoma · 1965
- First Nat. Bank of Ada v. ElamSupreme Court of Oklahoma · 1927
- Harris v. International Land Co.Supreme Court of Oklahoma · 1920
- Allen v. JonesSupreme Court of Oklahoma · 1941
- Leblond v. TownsleyCalifornia Court of Appeal · 1930
3 more not listed; retrieve them via the Exa API.