LIPPENCOTT v. HERRING

LIPPENCOTT v. HERRING
1940 OK 156
100 P.2d 893
187 Okla. 10
Case Number: 28218
Decided: 03/26/1940
Supreme Court of Oklahoma

LIPPENCOTT
v.
HERRING

Syllabus

¶0 JURY--APPEAL AND ERROR--Right to jury trial in action to recover money where amount due is in issue--Syllabus adopted.
The syllabus in cause No. 28217 is adopted as the syllabus herein.

Appeal from District Court, Roger Mills County; W. P. Keen, Judge.

Action by F. E. Herring against C. E. Lippencott for money judgment upon a promissory note. Demand for jury trial was denied and the cause tried to the court over the objection of the defendant, resulting in judgment for plaintiff, and defendant appeals. Reversed and remanded for new trial.

Orval Grim, of Cheyenne, for plaintiff in error.
F. R. Blosser, of Cheyenne, for defendant in error.

PER CURIAM.

¶1 There is here involved the identical questions which were presented and decided in G. W. Montgomery v. F. E. Herring, 187 Okla. 10, 100 P.2d 892. What was there said is controlling here. We therefore adopt the syllabus and opinion therein as the syllabus and opinion in this cause.

¶2 Reversed and remanded, with directions for new trial.