120 P. 266 | Okla. | 1911
This case presents error from the superior court of Logan county, the action having been begun in the district *814 court of that county on the 4th day of September, 1907, said date being prior to the erection of Oklahoma into a state. After statehood there was established in the said county a superior court, and the cause was transferred thereto and tried to a jury. Over the objections and exceptions of plaintiff in error, defendant in that court, the court instructed the jury that three-fourths of its number could render a verdict, but that in such case it would be necessary for all concurring therein to sign the same. The giving of this instruction is assigned as error in the motion for a new trial, the overruling of which is assigned as one of the errors in the petition in error and relied upon in this court for reversal.
The identical question here raised was presented to this court in the case of Pacific Mutual Life Ins. Co. v. Adams etal.,
All the Justices concur. *815