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WELLS v. MAX T. MORGAN CO.

No. 34280.

205 Okla. 166 (1951)

236 P.2d 488

WELLS v. MAX T. MORGAN CO. et al.

Supreme Court of Oklahoma.

October 9, 1951.

Attorney(s) appearing for the Case

Logan Stephenson, F.C. Swindell, O.C. Lassiter, Earl Truesdell, and A.D. Mason, Tulsa, for plaintiff in error.

A.C. Saunders, Tulsa (H.M. Crowe, Jr., Tulsa, of counsel), for defendants in error.

GIBSON, J.

Nine members of a jury of twelve returned a verdict in favor of plaintiff in this action for malicious prosecution. The verdict assessed the sum of $2,500 actual damages and $1,000 punitive damages. Defendant filed a motion for new trial. After hearing extended arguments on the motion, the trial court announced that the motion for new trial would be sustained unless plaintiff should file remittitur of $500 actual...

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