HOWARD v. REELING

HOWARD v. REELING
1926 OK 969
251 P. 495
122 Okla. 101
Case Number: 16719
Decided: 12/07/1926
Supreme Court of Oklahoma

HOWARD
v.
REELING.

Syllabus

¶0 Appeal and Error--Reversible Error--Hearsay Evidence. The admission of hearsay evidence, which is calculated to mislead the jury and prejudice the rights of the litigant against whose interest such hearsay evidence is admitted, constitutes reversible error.

White & Reid, for plaintiff in error.
Lunsford & Windham, for defendant in error.

PHELPS, J.

¶1 Jake Reeling, defendant in error, bought an automobile from Henry Howard, plaintiff in error, who warranted the title thereto. It was afterwards claimed that the automobile was a stolen car, to which Howard had no title, and Reeling filed his action in the district court of LeFlore county for judgment against Howard for $ 600, the purchase price. Upon trial Reeling prevailed, and Howard prosecutes this appeal.

¶2 The petition in error presents and counsel argue a number of assignments of error, only one of which, however, is necessary for a disposition of this appeal, to wit: That the court erred in admitting, over the objection of plaintiff in error, incompetent, irrelevant, immaterial, and hearsay evidence.