Freeman v. Farmers' & Merchants' Bank
Supreme Court of Oklahoma
Error from District Court, Haskell County; W. H. Brown, Judge. Action by the Farmers’ & Merchants’ Bank, a corporation, against W. F. Freeman and another. Judgment for defendants, and from an order granting a new trial defendants bring error. This action was brought on a promissory note given by the plaintiffs in error to the defendant in error, and to foreclose a mortgage given to secure such note.
Read the full summary
Error from District Court, Haskell County; W. H. Brown, Judge. Action by the Farmers’ & Merchants’ Bank, a corporation, against W. F. Freeman and another. Judgment for defendants, and from an order granting a new trial defendants bring error. This action was brought on a promissory note given by the plaintiffs in error to the defendant in error, and to foreclose a mortgage given to secure such note. The petition is in the usual form, and the answer, which is unverified, was a general denial and a plea of payment. There was evidence on both sides of the issue as to the payment, and the jury…
1Opinion of the Court
Opinion by
DEVEREUX, C.
(after stating the facts as above). It will be noted that the trial court gave no reason for its action in granting a new trial,, and it might have been granted on any of the grounds set out in the motion. In Citizens’ State Bank of Lawton v. Chattanooga State Bank, 23 Okla. 767, 101 Pac. 1118, it is skid:
“There is some conflict in the evidence in this record, and it is not clear upon what ground the new trial was granted. The granting of a new trial being so much within the discretion of the trial court, this court will not reverse an order of such court granting a new…
2Cases cited5 opinions
- Cit. State Bank of Lawton v. Chattanooga State BankSupreme Court of Oklahoma · 1909
- Exchange Bank of Wewoka v. BaileySupreme Court of Oklahoma · 1911
- Linderman v. NolanSupreme Court of Oklahoma · 1905
- National Refrigerator & Butchers' Supply Co. v. ElsingSupreme Court of Oklahoma · 1911
- Rogers v. QuabnerSupreme Court of Oklahoma · 1913
3Cited by3 opinions
- McGhee v. HurstSupreme Court of Oklahoma · 1923
- Chicago, R. I. & P. Ry. Co. v. ZobischSupreme Court of Oklahoma · 1926
- Walden v. GardnerSupreme Court of Oklahoma · 1916