Supreme Court of Oklahoma, 1916

McKone v. Hogan

McKone v. Hogan
Supreme Court of Oklahoma · Decided February 15, 1916 · Brett
155 P. 560; 55 Okla. 624; 1916 OK 209; 1916 Okla. LEXIS 203
McKone v. Hogan

Cases that cite this one

1 later published case cites this decision.

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

BRETT, C.

This action was commenced Tby S. W. Hogan, the defendant in error, against Isabella A. McKone and Roger McKone, the plaintiffs in error, to recover upon a note and foreclose a mortgage given on real estate to secure the payment of this note. A trial was had to the court without a jury, which resulted in a judgment for the amount prayed for and a decree of foreclosure.

The plaintiffs in error attempted to appeal from This judgment and decree; but the record shows upon its ■face that there were three exhibits- introduced' and admitted in evidence, over the objection of the plaintiffs in -error, and they are not in the record filed in this case. These exhibits are material evidence, and, to review the questions attempted to be raised .by this appeal, it is essential that this court examine this evidence. But, since it is not here, we cannot do this; and, the presumption Being in favor of the correctness of the judgment, we ■recommend that the judgment be affirmed.

By the Court: It is so ordered.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.