B. S. Flersheim Mercantile Co. v. Gillespie
Supreme Court of Oklahoma
Error from the District Court of •Blaine County; before James K. BeauchampTrial Judge. STATEMENT OR TACTS. This case was originally brought in the justice court before Victor Payne, a justice of the peace, at Watonga, Blaine county, Oklahoma, to recover a balance due on account from Ed Gillespie, the defendant, to the B. S. Flersheim Mercantile Co., plaintiff. The case was tried to a jury, which trial resulted in a verdict in favor of the defendant.
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Error from the District Court of •Blaine County; before James K. BeauchampTrial Judge. STATEMENT OR TACTS. This case was originally brought in the justice court before Victor Payne, a justice of the peace, at Watonga, Blaine county, Oklahoma, to recover a balance due on account from Ed Gillespie, the defendant, to the B. S. Flersheim Mercantile Co., plaintiff. The case was tried to a jury, which trial resulted in a verdict in favor of the defendant. An appeal was taken to the district court of Blaine county, and on the 26th day of March, 1903, was tried before a jury. Plaintiff introduced its…
1Opinion of the Court
Opinion of the court by
Irwin, J.:
Plaintiff in error complains of the action of the court in overruling the motion for a new trial, and the first assignment of error is, that the court erred in not granting a new trial for the particular reason that the court abused its discretion by compelling plaintiff to go to trial without the personal attendance of witnesses who had been subpoenaed, but who were not in attendance. The record in this ease shows the following, on page 6, of the case made:
“That afterwards, and upon the 26th day of'March, 1903, said cause came regularly on for hearing in the…
2Cases cited1 opinion
- Louisville & Nashville Railroad v. WoodsonSupreme Court of the United States · 1890
3Cited by14 opinions
- Hobbs v. SmithSupreme Court of Oklahoma · 1911
- Slater v. United StatesCourt of Criminal Appeals of Oklahoma · 1908
- Wetsel v. Independent School District I-1Supreme Court of Oklahoma · 1983
- Holland Banking Co. v. DicksSupreme Court of Oklahoma · 1917
- Sartain v. WalkerSupreme Court of Oklahoma · 1916
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