HARRISON v. CORRY PHARM.

HARRISON v. CORRY PHARM.
1920 OK 159
188 P. 1076
78 Okla. 127
Case Number: 9621
Decided: 04/06/1920
Supreme Court of Oklahoma

HARRISON
v.
CORRY PHARMACY et al.

Syllabus

¶0 1. Jury--Right to Jury Trial--Action to Recover Money.
Under section 4993, Rev. Laws 1910, an action for the recovery of money is triable to a jury.
2. Trial--Directing Verdicts--Evidence.
The question presented to a trial court on a motion to direct a verdict is whether, admitting the truth of all the evidence that has been given in favor of the party against whom the action is contemplated, together with such inferences and conclusions as may be reasonably drawn therefrom, there is enough competent evidence to reasonably sustain a verdict, should the jury find in accordance therewith.
3. Trial--Province of Jury--Weight and Credibility of Evidence.
In an action at law the credibility of a witness and the weight and value to be given his testimony is a question for the jury.

Error from District Court, Garfield County; J. C. Robberts, Judge

Action by C. W. Harrison against the Corry Pharmacy and others. Judgment for defendants, and plaintiff brings error. Reversed, with directions.

A. J. Welch, for plaintiff in error.
Hills, Manatt & Bowen, for defendants in error.

RAINEY, J.

¶1 This was an action instituted by one C. W. Harrison to recover from the Corry Pharmacy and others on a promissory note. The case is very similar to cause No. 9620, Fred L. Stevens v. Oklahoma Automobile Company et al., this day decided (ante, p. 126), and the cases are briefed on the same theory. The decision, therefore, in cause No. 9620 is decisive or the propositions herein involved.

¶2 The cause is therefore reversed, with directions to the trial court to grant a new trial.