Reports of Cases Argued and Determined in the Supreme Court of the Territory of Oklahoma, Volumes 61-62Oklahoma. Supreme Court, Edward Bell Green, Frank Dale, John Henry Burford, Robert Lee Williams, Matthew John Kane, Howard J. Parker, Charles Winfield Van Eaton Harlow Publishing Company, 1916 - Law reports, digests, etc |
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Page 3
... record disclosed some error in the court's view of some pure and unmixed question of law during the trial of said cause which affected the rights of one litigant party or the other , but , being an appeal , as it is , from an order of ...
... record disclosed some error in the court's view of some pure and unmixed question of law during the trial of said cause which affected the rights of one litigant party or the other , but , being an appeal , as it is , from an order of ...
Page 10
... record , and the authorities applicable , we conclude that all the assignments of error are without merit . They will be taken up and considered as follows : First , the second assignment of error ; second , the third and fourth ...
... record , and the authorities applicable , we conclude that all the assignments of error are without merit . They will be taken up and considered as follows : First , the second assignment of error ; second , the third and fourth ...
Page 16
... record . Defendant in error testified that Quigley said he was drawing up the mortgage so Jordon would be sure and get his money . The defendant in error filed this mortgage for record Aug- ust 21 , 1912 , and left the state , he having ...
... record . Defendant in error testified that Quigley said he was drawing up the mortgage so Jordon would be sure and get his money . The defendant in error filed this mortgage for record Aug- ust 21 , 1912 , and left the state , he having ...
Page 23
... record , and consequently a want of jurisdiction in the court to render the judgment cannot be shown under such plea . As said before this becomes immaterial when it is considered that even if the proffered records had been received in ...
... record , and consequently a want of jurisdiction in the court to render the judgment cannot be shown under such plea . As said before this becomes immaterial when it is considered that even if the proffered records had been received in ...
Page 27
... Record Cross - Examination of Witness . - The court erred in sustaining the objec- tions to the introduction of evidence offered by plaintiff in rebuttal , in refusing to permit plaintiff to complete his record by making a tender of the ...
... Record Cross - Examination of Witness . - The court erred in sustaining the objec- tions to the introduction of evidence offered by plaintiff in rebuttal , in refusing to permit plaintiff to complete his record by making a tender of the ...
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Common terms and phrases
affirmed alimony alleged amended amount answer appeal assignments of error Atoka County attachment authority Bank bill of lading board of county bond case-made cause of action Chickasha City claim Company contract corporation county commissioners county court court erred damages deed defendant in error demurrer dence district court duty equitable Error from District evidence executed fact fendant filed fraud Grady County guardian held Hughes county injury instruction issue Judge jurisdiction jury land lease liable lien ment mortgage motion Muskogee Muskogee County negligence Okla Oklahoma opinion overruled paid party payment Payne county person petition plain plaintiff in error pleadings purchase question real estate reason record recover refused rendered reversed rule statute statute of frauds suit supra Supreme Court surety sustained Syllabus testimony thereof tiff tion trial court usurious verdict void waived witness
Popular passages
Page 239 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Page 195 - The records and judicial proceedings of the courts of any state or territory, or of any such country, shall be proved or admitted in any other court within the United States by the attestation of the clerk and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, that the said attestation is in due form.
Page 146 - ... an issue of fact must be tried by a jury, unless a jury trial is waived, or a reference is ordered, as provided in this code.
Page 40 - A communication made bona fide upon any subject-matter In which the party communicating has an interest, or in reference to which he has a duty, is privileged if made to a person having a corresponding interest or duty, although it contain criminatory matter, which, without this privilege, would be slanderous and actionable...
Page 123 - ... at the time of their designation as the homestead without reference to the value of any improvements thereon : Provided, That the same shall be used for the purposes of a home, or as a place to exercise the calling or business of the head of a family: Provided also. That any temporary renting of the homestead shall not change the character of the same when no other homestead has been acquired.
Page 249 - An existing legal obligation resting upon the promisor, or a moral obligation originating in some benefit conferred upon the promisor, or prejudice suffered by the promisee, is also a good consideration for a promise, to an extent corresponding with the extent of the obligation, but no further or otherwise.
Page 222 - That the judicial power of said Territory shall be vested in a supreme court, district courts, probate courts, and justices of the peace.
Page 14 - When a thing which causes injury is shown to be under the management of the defendant, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable 1 48 Am. St. Rep. 146. evidence, in the absence of explanation, by the defendant, that the accident arose from a want of care.
Page 195 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Page 110 - It would be a reproach to the jurisprudence of the country if one could recover insurance money payable on the death of a party whose life he had feloniously taken. As well might he recover insurance money upon a building that he had willfully fired.