128 P. 115 | Okla. | 1912
The petition in error is filed in this court upon the assumption that a bastardy proceeding is in the nature of a civil action, and that therefore this court has jurisdiction of the appeal from the county court. We assume, without deciding, that this is true (Bell v. Territory of Oklahoma,
The principal question which it is necessary to pass upon is whether a prayer in the complaint for damages in excess of the sum of $1,000 defeats the jurisdiction of the county court. We do not think so. We think the prayer was surplusage, and that it may be disregarded for the purposes of jurisdiction. It is, of course, the general rule, that in a civil action the allegations of the petition determine the amount involved.Farmers' Merchants' Nat. Bank v. School Dist. No. 56,
Complaint is made that the court erred in refusing to give this instruction:
"The jury are instructed that the evidence to rebut the presumption of the legitimacy of the issue of a married woman, and to overcome such presumption, must be clear, distinct, satisfactory, and conclusive."
But if such instruction was requested, the record does not show it, and if it was requested and refused, it would not be error, because the court gave an instruction substantially covering the same ground.
The other questions suggested in the brief will not be further considered, both because the brief does not comply with rule No. 25 (20 Okla. xii, 95 Pac. viii) of this court, and because the case-made does not affirmatively show that it contains all the evidence in the case. Chelsea Elevator Storage Co. v. Rohland,
The judgment of the trial court should be affirmed.
By the Court: It is so ordered.