Dane v. Bennett
Supreme Court of Oklahoma
Error from County Court, Bryan County; Jesse Hamilton, Judge. ' Action by Ed S. Bennett against Sam Dane. Judgment for plaintiff, and defendant brings error. This action was begun in the court of a justice of the peace for Bryan county, and taken by appeal to the county court.
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Error from County Court, Bryan County; Jesse Hamilton, Judge. ' Action by Ed S. Bennett against Sam Dane. Judgment for plaintiff, and defendant brings error. This action was begun in the court of a justice of the peace for Bryan county, and taken by appeal to the county court. The cause of action was to recover $116.30, due on an open account for the repair of an automobile, and the plaintiff attached an itemized statement of the account to his bill of particulars, but it was not verified. During the trial the plaintiff testified: “Q. Now this account you have attached to your petition, I…
1Opinion of the Court
Opinion by
DEVEREUX, C.
(after stating the facts as above). In the brief on behalf of the plaintiff in error, these assignments of error are not separately discussed, but we gather from it that two grounds are urged for a reversal of +he judgment: First. Because there was no evidence of the correctness of the account, br of the amount due the plaintiff; and, second, that it was prejudicial error to allow the jury to take the bill of particulars and itemized account attached thereto, to the jury room.
As to the first ground. The plaintiff testified posb tively that there was not a thing in the…
2Cases cited6 opinions
- Reaves v. ReavesSupreme Court of Oklahoma · 1905
- Independent Cotton Oil Co. v. BeachamSupreme Court of Oklahoma · 1911
- Winans v. HareSupreme Court of Oklahoma · 1915
- Eichoff v. RussellSupreme Court of Oklahoma · 1915
- Bush v. Ætna Building & Loan Ass'n of Las VegasSupreme Court of Oklahoma · 1915
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Carter State Bank v. RossSupreme Court of Oklahoma · 1915
- Schaff v. RichardsonSupreme Court of Oklahoma · 1926
- Cole v. AndersonSupreme Court of Oklahoma · 1956
- Superior Oil Co. v. GriffinSupreme Court of Oklahoma · 1960
- Keahey v. CraigSupreme Court of Oklahoma · 1939
3 more not listed; retrieve them via the Exa API.