Farmers' & Merchants' Bank v. Welborn
Cases that cite this one
5 later published cases cite this decision.
- Moore v. State (Okla. Crim. App. 1934)
- Dubs ex rel. Dubs v. Northern Pacific Railway Co. (N.D. 1921)
- Gast v. Barnes (Okla. 1914)
- Schuman Bros. v. First Nat. Bank (Okla. 1925)
- Bucy v. Ardmore Brick & Tile Co. (Okla. 1916)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Opinion by
The only question involved in this case is whether the loss by the stenographer of his notebook, and his consequent inability to prepare a transcript of the evidence, entitles the losing party to a new trial. The question has been settled in this state by the cases of Butts v. Anderson, 19 Okla. 369, 91 Pac. 906, and Whitely v. St. Louis, E. R. &. W. Ry. Co., 29 Okla. 63, 116 Pac. 165, in which it is held that such a state of facts does not entitle the losing party to a new trial.
On the authority of those cases, we think the judgment of the trial court should be affirmed.
By the Court: It is so ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.