Cherry v. Brown
Supreme Court of Oklahoma
Error from County Court, Lincoln County; Ira E. Billingslea, Judge. Action by Sam Brown against J. W. Cherry. Judgment for plaintiff, and from the refusal of a new trial on the ground of impossibility of making case-made, defendant brings error.
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Error from County Court, Lincoln County; Ira E. Billingslea, Judge. Action by Sam Brown against J. W. Cherry. Judgment for plaintiff, and from the refusal of a new trial on the ground of impossibility of making case-made, defendant brings error. On May 18, 1917, the jury returned a verdict against plaintiff in error, defendant below, in the county court; motion for a new trial was filed May 21, 1917, overruled, and exception saved; judgment was then rendered against plaintiff in error, whereupon he gave notice in open court of his intention to appeal to this court, and was then allowed 90…
1Opinion of the CourtRamsey, J.
(after stating the case). 1. Plaintiff’s counsel contends that the failure, refusal, or inability of the court reporter to make a transcript of the evidence within the time allowed by law or by the court within which to make and serve a case-made, although not based on any fault or negligence of the plaintiff in error, is not suflicient to sustain a petition for a new trial under the ninth subdivision of section 5033, Rev. Laws 1910, authorizing the trial court to grant a new trial “when, without fault of- complaining party, it becomes impossible to make case-made.” Plaintiff’s counsel say…
2Cases cited7 opinions
- Dabney v. HathawaySupreme Court of Oklahoma · 1915
- Tudor v. StateCourt of Criminal Appeals of Oklahoma · 1917
- State Ex Rel. Wigal v. WilsonSupreme Court of Oklahoma · 1914
- Peck v. McClellandSupreme Court of Oklahoma · 1917
- Laclede Oil & Gas Co. v. MillerSupreme Court of Oklahoma · 1918
2 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Vogel v. CobbSupreme Court of Oklahoma · 1943
- Ridenour v. StateCourt of Criminal Appeals of Oklahoma · 1951
- City of Duncan v. AbramsSupreme Court of Oklahoma · 1935
- Jones v. DuncanSupreme Court of Oklahoma · 1934
- Coker v. ViersonSupreme Court of Oklahoma · 1935
28 more not listed; retrieve them via the Exa API.