Farmers' & Merchants' Bank v. Welborn

1912 OK 128, 121 P. 620, 32 Okla. 1, 1912 Okla. LEXIS 206

Opinion

Opinion by

AMES, C.

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.