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57 Okla. 660

157 P 739

Oaks v. Samples

Supreme Court of Oklahoma

Decided May 9, 1916

Supreme Court of Oklahoma · decided 1916-05-09

<p> Error from District Court, Delaware County; John H. Pitchford, Judge. </p> <p>Action by H. S. Samples against J. W. Oaks. Judgment for plaintiff, and defendant brings error.</p>

Relies on Muskogee Electric Traction Co. v. Reed · Reed v. Scott

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1916-05-09

How this case has been cited

Cited by 19 later decisions — most recently March 1950

19 state decisions

12019161920193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1 Opinion by

MATHEWS, C.

¶2 This was an. action for a balance claimed to be due upon a real estate transaction. Judgment was for defendant in error. The only question presented by the plaintiff in error is that the verdict is. not sustained by the evidence.

¶3 It appears from the record that the plaintiff in error in no way challenged the sufficiency of the evidence to-support a verdict in favor of defendant in error until after the verdict was rendered. It came too late then to save the point now presented. It has been frequently and uniformly held by this court that, if the plaintiff in error does not, in some authorized Way, challenge the sufficiency of the evidence to support a verdict against him duringthe trial and permits the case to go to the jury unchallenged, then nothing is saved to present to this court. Muskogee Electric Traction Co. v. Reed, 35 Okla. 334, 130 Pac. 157; Reed v. Scott, 50 Okla. 757, 151 Pac. 484; Haizlip v. Whitfield, ante, p. 42, 155 Pac. 863.

¶4 We recommend that the judgment be affirmed.

¶5 By the Court: It is so ordered.

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