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Wilson v. Mann

Wilson v. Mann, 1913 OK 351, 132 P. 487
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Court
Supreme Court of Oklahoma · State Highest Courts
Decided
May 20, 1913
Docket
No. 2758
Judges
Brewer
Citations
132 P. 4871913 OK 35137 Okla. 4751913 Okla. LEXIS 225
Disposition
Affirmed.
Syllabus
1. APPEAL AND ERROR — Assignment of Error — Sufficiency. An assignment oí error which in effect merely alleges that the court ' erred in rendering judgment for one party, and against the other, presents nothing. for this court to review. 2. SAME — Petition in Erroi — Sufficiency. The petition in .error should, in a concise and specific manner, clearly point out the particular error or errors complained of and which it is sought to have reviewed. (Syllabus by Brewer, C.)
Summary
Error from Craig County Court; S. F. Paries, Judge. Action between Eobert A. Wilson and J. E. Mann. From the judgment, Wilson brings error.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Brewer

*476 Opinion by BREWER, C.

The petition in error in this case was’ filed in this court on June 20, 1911, and the only assignment of error therein is as follows:

“Said Robert Wilson avers that there is error in said record and proceedings in this, to wit, that said court erred in its judgment and final order in this case, made and entered on the 2d day of February,- A. D. 1911, which said judgment and order is in the words and figures following, to wit.”

Then follows a copy of the journal entry of the judgment.

This -assignment of error presents nothing for the consideration of this court. From it plaintiff’s particular grievance does not appear. The specification of error is merely equivalent to saying that the court erred in rendering a * judgment for one party and against the -other.

To be -availing the petition in error should, in an orderly and specific manner, clearly point out the error or errors complained -of and sought to be reviewed. The general allegation that the court erred in rendering -a particular judgment, setting it out, is not sufficient.

Board of Com’rs v. Oxley, 8 Okla. 502 , 58 Pac. 651 ;

Willet v. Johnson 13 Okla. 563 , 76 Pac. 174 ;

Gill v. Haynes, 28 Okla. 656 , 115 Pac. 790 ;

De Vitt v. El Reno, 28 Okla. 315 , 114 Pac. 253 .

There being nothing for this court to review, the case should be affirmed.

By the Court: It is so ordered.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1914: 11915: 21916: 11917: 11918: 11923: 11926: 11935: 119142026peak 1915 · 2

Relies on it most ⓘ

  1. Connelly v. Adams1915 OK 172, 152 P. 607
  2. Durant v. Nesbit1916 OK 512, 157 P. 353
  3. Neil v. Union Nat. Bank of Chandler178 P. 659 (Okla. 1918)
  4. Longest v. Langford1917 OK 626, 169 P. 493
  5. Standard Stone Co. v. Greer1915 OK 991, 153 P. 640
  6. Nease v. National Bank of Commerce1935 OK 1021, 50 P.2d 312

Most recent

  1. Nease v. National Bank of Commerce1935 OK 1021, 50 P.2d 312
  2. Watters v. Bradshaw1926 OK 599, 253 P. 87
  3. Hocker v. Rackley1923 OK 360, 216 P. 151
  4. Neil v. Union Nat. Bank of Chandler178 P. 659 (Okla. 1918)
  5. Longest v. Langford1917 OK 626, 169 P. 493
  6. Durant v. Nesbit1916 OK 512, 157 P. 353

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Willet v. Johnson, 1904 OK 12, 76 P. 174 37
De Vitt v. City of El Reno, 1910 OK 320, 114 P. 253 26
Gill v. Haynes, 1911 OK 155, 115 P. 790 14
Bd. of Comrs. of Woods Co. v. Oxley, 1899 OK 90, 58 P. 651 13

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