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Hussey v. Blaylock

Hussey v. Blaylock, 1913 OK 361, 132 P. 821
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Court
Supreme Court of Oklahoma · State Highest Courts
Decided
May 27, 1913
Docket
No. 2575
Judges
Dunn
Citations
132 P. 8211913 OK 36138 Okla. 2041913 Okla. LEXIS 341
Disposition
Reversed and remanded, with instructions.
Syllabus
TRIAL — Directing Verdict- Syllabus same as syllabus paragraphs 1 and 2, Hussey v. Blaylock, 21 Okla. 220, 95 Pao. 773, 17 L. R. A. (N. S.) 622. ('Syllabus by the Court.)
Summary
Error from District Court, Coal County; A. T. 1West, Judge. Action by D. B. Hussey against W. W. Blaylock. Judgment for defendant, and plaintiff 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 — Dunn

DUNN, J.

This ease presents error from the district court of Coal county, where 'it was tried .after being remanded by this court in its opinion of'May 15, 1908.

Hussey v. Blaylock, 21 Okla. 220 , 95 Pac. 773 , 17 L. R. A. (N. S.) 622. It is now again before this court on the identical facts and questions that were presented and passed upon by us on the former trial. On that occasion we held:

“The evidence on the part of plaintiff was sufficient to prove his cause of action, and there was no substantial evidence offered by the defendant upon any material issue in the case. It was error for the trial court to refuse to instruct the jury to return a verdict in favor of the plaintiff.”

Counsel for plaintiff have, briefed and argued the case, but the defendant has filed no answer brief, nor has any excuse been offered for this neglect or failure. The brief -filed supports the - contentions made, and the same judgment will •be rendered as before except the cause is remanded to the trial court, with instructions to set aside the judgment entered, and enter one awarding to plaintiff the possession of the property sued for, and then impanel a jury for the purpose of assessing his damages.

All the Justices concur.

How later courts describe this case

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

1920: 119202026peak 1920 · 1

Relies on it most ⓘ

  1. Ferris, Receivers v. Jones, Adm'x1920 OK 120, 189 P. 527

Most recent

  1. Ferris, Receivers v. Jones, Adm'x1920 OK 120, 189 P. 527

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 1

DepthCaseCited by
Hussey v. Blaylock, 1908 OK 100, 95 P. 773 7

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