holding that the issue of probable cause for an arrest was precluded based on findings from plaintiffs preliminary hearing, at which he was bound over for trial
How later courts described this case
- holding that the issue of probable cause for an arrest was precluded based on findings from plaintiffs preliminary hearing, at which he was bound over for trial
Written by the judges who cited it.
The opinion
WELCH, Justice
(dissenting).
The rule is well settled that a demurrer to plaintiff’s evidence admits every fact which such evidence tends in the slightest degree to prove, with all evidence favor *413 able to defendant, the demurrant, eliminated from consideration, or considered as withdrawn for the purpose of passing upon such demurrer.
That rule has been stated and applied in many cases. I refer specifically to Buellesfeld v. Jones, 187 Okl. 596 , 105 P.2d 242 ; Davis v. Curry, 192 Okl. 32 , 133 P.2d 186 , and Duck v. Selected Investment Corporation, 196 Okl. 547 , 167 P.2d 54 .
Application of the rule of those decisions to this case demonstrate, as I view it, that the trial court in this case erred in sustaining the demurrer to plaintiff’s evidence and that reversal is required here as in the three cited cases.
I am authorized to say that IRWIN, J., concurs in these dissenting views.