Drumm-Flato Commission Co. v. Edmisson, 208 U.S. 534 (1908)

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Drumm-Flato Commission Company v. Edmisson

No. 139

Submitted January 27, 1908
Decided February 24, 1908
208 U.S. 534

ERROR TO THE SUPREME COURT

OF THE TERRITORY OF OKLAHOMA

Syllabus

In this case, this Court finds that the evidence was so far conflicting as to remove the verdict of the jury from reversal by an appellate tribunal.

Under par. 4277, § 399 of the Code of Civil Procedure of Oklahoma of 1893, the original books of entry must be produced on the trial; their production before the notary taking the deposition of the witness who kept the books is not sufficient, and copies made by the notary cannot be used where the objecting party gives notice that the production of the books themselves will be insisted upon.

While there may be a general rule that, in actions for tort, an allowance for interest is not an absolute right, under par. 2640, § 23 of the Oklahoma Code of 1893, the detriment caused by, and recoverable for, the wrongful conversion of personal property is the value of the property at the time of the conversion, with interest from that time.

Where the local statute provides, as does par. 4176, § 298, of the Oklahoma Code of 1893, that, on request, the court may direct the jury to find upon particular question of fact, the verdict will not be set aside because the jury fails to answer an interrogatory improvidently submitted in regard to a fact which was only incidental to the issue.

Objections to remarks of the trial court which counsel consider prejudicial must be taken at the time, so that, if the court does not then correct what is misleading, its action is subject to review.

87 P.Rep. 311, affirmed.

The facts are stated in the opinion.