GRAINOLA STATE BANK v. WHITSON

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GRAINOLA STATE BANK v. WHITSON
1921 OK 132
197 P. 437
81 Okla. 206
Case Number: 9951
Decided: 04/12/1921
Supreme Court of Oklahoma

GRAINOLA STATE BANK
v.
WHITSON et al.

Syllabus

¶0 Reference--Right to Refer--Case Followed. Affirmed upon the authority of Grainola State Bank v. Shellenberger (ante, p. 204), just handed down.

Leahy, MacDonald, Burnette & Files, for plaintiff in error.
J. M. Worten, for defendants in error.

KANE, J.

¶1 This is a companion case to No. 9950, Grainola State Bank, Plaintiff in Error, v. Bert Shellenberger, Defendant in Error, in which an opinion has just been handed down. The causes were tried together below by the same referee, and the sole question presented for review is, that the trial court committed error in referring the cause. In the Shellenberger Case we hold that the pleadings and evidence disclose a cause where the trial of an issue of fact required the examination of mutual accounts, and therefore are referable under section 5019, Rev. Laws 1910.

¶2 Upon the authority of that case, the judgment of the trial court is affirmed.

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