Farmers' & Merchants' Bank v. Welborn

Opinion by AMES, C. The only question involved in this case is whether the loss by the stenographer of his notebook, and his consequent inability to prepare a transcript of the evidence, entitles the losing party to a new trial. The question has been settled in this state by the cases of Butts v. Anderson, 19 Okla. 369, 91 Pac. 906, and Whitely v. St. Louis, E. R. &. W. Ry. Co., 29 Okla. 63, 116 Pac. 165, in which it is held that such a state of facts does not entitle the losing party to a new trial. On the authority of those cases, we think the judgment of the trial court should be affirmed. By the Court: It is so ordered.