Mascho v. Johnson
| Decision Date | 23 November 1915 |
| Docket Number | Case Number: 5049 |
| Citation | 1915 OK 974,49 Okla. 646,153 P. 630 |
| Parties | MASCHO et al. v. JOHNSON. |
| Court | Oklahoma Supreme Court |
¶0 PLEADING--Judgment on Pleadings and Opening Statement. Where the answer of defendants stated a defense to the cause of action set out in the petition, it was error to render judgment on the pleadings and opening statement of counsel.
Error from District Court, Lincoln County; Chas. B. Wilson, Jr., Judge.
Action by Sallie M. Johnson against A. A. Mascho and others. Judgment for plaintiff, and defendants bring error. Reversed and remanded.
Johnson & Cordell, for plaintiffs in error.
Hoffman & Foster and Rittenhouse & Rittenhouse, for defendant in error.
¶1 After a jury had been impaneled, counsel for the respective parties stated their case and the facts they expected the evidence to show to the jury, at the close of which plaintiff moved the court for judgment, which motion was sustained. This was error. In Sullivan v. Williamson et al., 21 Okla. 844, 98 P. 1001, it is said:
¶2 No motion for new trial was necessary to present this question to the court. Wagner v. A., T. & S. F. Ry. Co., 73 Kan. 283, 85 P. 299; Cowart v. Parker-Washington Co. et al., 40 Okla. 56, 136 P. 153; Minnetonka Oil Co. v. Cleveland Vitrified Brick Co., 48 Okla. 156, 149 P. 1136.
¶3 For the reasons stated, the order dismissing this case is set aside, the cause reinstated, and reversed and remanded.
¶4 All the Justices concur.
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Patterson v. Morgan
... ... See, also, Sullivan v. Williamson, 21 Okla. 844, 98 P. 1001; Mascho v. Johnson, 49 Okla. 646, 153 P. 630. In view of our conclusions, it will not be necessary to consider the other assignments of error. For the ... ...
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Mackey v. Boswell
...on the pleadings and opening statement of counsel if the allegations of defendant's answer constituted a defense. Mascho et al. v. Johnson, 49 Okla. 646, 153 P. 630. ¶4 The sole question briefed by counsel for both sides is whether the allegations of defendant's answer presented any defense......
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Fiegel v. First Nat. Bank of Kingfisher
...a motion to dismiss the cause and render judgment against the plaintiff upon the opening statement of his counsel." See Mascho et al. v. Johnson, 49 Okla. 646, 153 P. 630; Patterson et al. v. Morgan. 53 Okla. 95. 155 P. 694; Mackey v. Boswell el al., 63 Okla. 20, 162 P. 193; King v. Lane. 6......