LAWTON v. SHEPARD

LAWTON v. SHEPARD
1913 OK 20
130 P. 135
36 Okla. 772
Case Number: 2485
Decided: 01/07/1913
Supreme Court of Oklahoma

LAWTON
v.
SHEPARD.

Syllabus

¶0 EVIDENCE--Opinion Evidence. Opinion evidence of a witness properly qualified is competent to prove the identity of a hog.

Error from Pawnee County Court; N.E. McNeill, Judge.

Action by R. A. Shepard against J. M. Lawton. Judgment for plaintiff, and defendant brings error. Affirmed.

E. M. Clark, for plaintiff in error.
Wm. Blake, for defendant in error.

AMES, C.

¶1 This action of replevin for the recovery of a hog of the value of $ 16.50 originated in the justice court of Pawnee county. The plaintiff won. The defendant appealed to the county court, where the plaintiff again won. The appeal is without merit. The brief of the plaintiff in error does not comply with rule 25 (20 Okla. xii, 95 P. viii), and no authorities are cited. The principal point raised is that opinion evidence as to the identity of the hog was incompetent, and that it should have been confined to a description of his marks, color, and brands. We do not concur in this contention.

¶2 The judgment of the trial court should be affirmed.

¶3 By the Court: It is so ordered.