Hoyt Shoe Co. v. Cuff

• Decision Date: 27 April 1915
• Docket Number: 4373.
• Citation: 148 P. 695,46 Okla. 178,1915 OK 220
• Parties: HOYT SHOE CO. v. CUFF.
• Court: Oklahoma Supreme Court

148 P. 695

46 Okla. 178, 1915 OK 220

HOYT SHOE CO. v. CUFF.

No. 4373.

Supreme Court of Oklahoma

April 27, 1915

Syllabus by the Court.

Where the brief of plaintiff in error does not contain an abstract or abridgment of the pleadings, proceedings, and facts upon which he relies, and the specifications of error are not separately set forth and numbered, the judgment may be affirmed.

Where consideration of the errors assigned involves an examination of the evidence, and the case-made does not include a proper recital that it contains all the evidence produced at the trial, the question so presented will not be reviewed in the Supreme Court.

Commissioners' Opinion, Division No. 3. Error from County Court, Blaine County; George W. Ferguson, Judge.

Action by the Hoyt Shoe Company against J. J. Cuff. Judgment for defendant, and plaintiff brings error. Affirmed.

J. P Wishard, of Watonga, for plaintiff in error.

Seymour Foose and R. C. Brown, both of Watonga, for defendant in error.

BLEAKMORE C.

This case was commenced in the county court of Blaine county by the plaintiff in error, as plaintiff, against the defendant in error, as defendant on an open account for certain shoes sold and delivered by plaintiff to defendant. Defendant answered by way of general denial and pleaded failure of consideration, breach of warranty, damages by reason thereof, etc. There was trial to a jury, resulting in judgment for defendant; and plaintiff has brought the case here for review.

Defendant here objects to the consideration of the brief of plaintiff and moves an affirmance of the judgment of the trial court for the following reasons:

(1) That plaintiff has failed to comply with rule 25 (137 P. xi) of this court, providing:

"The brief of the plaintiff in error in all cases shall contain an abstract or abridgment of the transcript, setting forth the material parts of the pleadings, proceedings, facts and documents upon which he relies, together with such other statements from the record as are necessary to a full understanding of the questions presented to this court for decision, so that no examination of the record itself need be made in this court. * * * The brief shall contain the specifications of errors complained of, separately set forth and numbered. * * *"

(2) That there is no recital in the case-made affirmatively showing that it contains all the evidence introduced on the trial.

The brief...