FARMERS' & MERCHANTS' BANK v. WELBORN

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FARMERS' & MERCHANTS' BANK v. WELBORN
1912 OK 128
121 P. 620
32 Okla. 1
Case Number: 1588
Decided: 02/06/1912
Supreme Court of Oklahoma

FARMERS' & MERCHANTS' BANK
v.
WELBORN et al.

Syllabus

¶0 NEW TRIAL--Grounds--Loss of Stenographer's Notes. The fact that the stenographer, who took the testimony at a trial, loses his notebook and is unable to make a transcript thereof for the losing party, is not sufficient ground for a new trial.

Error from District Court, Blaine County; James R. Tolbert, Judge.

Action by the Farmers' & Merchants' Bank against W. S. Welborn and others to secure a new trial in an action wherein W. S. Welborn, one of the defendants, had recovered judgment against the plaintiff. Judgment for the defendants, and plaintiff brings error. Affirmed.

W. O. Woolman and Seymour Foose, for plaintiff in error.
A. L. Emery, H. N. Boardman, and L. H. Hampton, for defendants in error.

AMES, C.

¶1 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. 367, 91 P. 906, and Whitely v. St. Louis, E. R. &. W. Ry. Co., 29 Okla. 63, 116 P. 165, in which it is held that such a state of facts does not entitle the losing party to a new trial.

¶2 On the authority of those cases, we think the judgment of the trial court should be affirmed.

¶3 By the Court: It is so ordered.