Reports of Cases Argued and Determined in the Supreme Court of the Territory of Oklahoma, Volume 56Oklahoma. 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 32
... injury by the malfeasance , misfeasance , or nonfeasance of such an officer , acting or omitting to act contrary to his duty , the law gives re- dress to the injured person by an action for damages . The officer is liable for ...
... injury by the malfeasance , misfeasance , or nonfeasance of such an officer , acting or omitting to act contrary to his duty , the law gives re- dress to the injured person by an action for damages . The officer is liable for ...
Page 33
... injury thereby . See Throop on Public Officers , sec . 724. The same author , in section 726 , says : " But an ... injured in person or in property by reason of his negligence in performing a ministerial act . " The extent of the ...
... injury thereby . See Throop on Public Officers , sec . 724. The same author , in section 726 , says : " But an ... injured in person or in property by reason of his negligence in performing a ministerial act . " The extent of the ...
Page 34
... injury by reason of negligence in the per- formance of duty . On the other hand , if an officer's duties are discretional , to be performed in accordance with what his judgment dictates , he is said to act judicially , and is deemed not ...
... injury by reason of negligence in the per- formance of duty . On the other hand , if an officer's duties are discretional , to be performed in accordance with what his judgment dictates , he is said to act judicially , and is deemed not ...
Page 36
... injury , and this is a question of fact to be determined from the evidence . We now come to the second proposition , as to whether the petition , on its face , shows that the cause of action is barred by the statute of limitations . It ...
... injury , and this is a question of fact to be determined from the evidence . We now come to the second proposition , as to whether the petition , on its face , shows that the cause of action is barred by the statute of limitations . It ...
Page 54
... injured , imply a contract on the part of the wrong- doer to pay to the party injured the damages which would be due thereunder . And a cause of action found- ed upon such an implied contract may be pleaded in set- off as well as if the ...
... injured , imply a contract on the part of the wrong- doer to pay to the party injured the damages which would be due thereunder . And a cause of action found- ed upon such an implied contract may be pleaded in set- off as well as if the ...
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Common terms and phrases
affirmed Albert Harrison alleged allottee answer appeal Atkins attorney authority bond Bryan County case-made cause of action Charlie Harrison claim Company contract corporation county court Custer County damages deed defendant brings error defendant in error demurrer District Court Dunlap Error from District estoppel evidence executed fact February 29 fendant Five Civilized Tribes fraud Grady county Heckman held homestead Indian injury instruction issue Judge Judgment for plaintiff jurisdiction jury land lease liability lien March 21 ment mortgage motion Murphey Muskogee County National Bank negligence Okla Oklahoma Oklahoma County Opinion Filed February Opinion Filed March overruled paid party payment person petition plaintiff in error pleaded possession purchase question reason record recover rendered reversed rule signed statute supersedeas bond supra Supreme Court sureties sustained Syllabus testimony thereof tiff tion trial court verdict void warranty witness
Popular passages
Page 651 - ... appoint receivers or the marshals, upon application of parties in interest, in case the courts shall find it absolutely necessary, for the preservation of estates, to take charge of the property of bankrupts after the filing of the petition and until it is dismissed or the trustee is qualified...
Page 700 - In case the greater rate of interest has been paid, the person by whom it has been paid, or his legal representatives, may recover back, in an action in the nature of an action of debt, twice the amount of the interest thus paid from the association taking or receiving the same ; provided such action is commenced within two years from the time the usurious transaction occurred.
Page 206 - The court must, in every stage of an action, disregard any error or defect, in the pleadings or proceedings, which does not affect the substantial rights of the adverse party; and no judgment can be reversed or affected by reason of such error or defect.
Page 385 - In all elections by the people the vote shall be by ballot, and the legislature shall provide for the numbering of tickets and make such other regulations as may be necessary to detect and punish fraud and preserve the purity of the ballot...
Page 609 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Page 658 - It is as true of the present law as it was of that of 1867 that the filing of the petition is a caveat to all the world, and In effect an attachment and injunction (International Bank v.
Page 392 - Where a court of competent Jurisdiction has taken property into its possession, through its officers, the property Is thereby withdrawn from the jurisdiction of all other courts.
Page 554 - No action pending in any court shall abate by the death of either or both the parties thereto, except an action for libel, slander, malicious prosecution, for a nuisance, or against a justice of the peace for misconduct in office, which shall abate by the death of the defendant.
Page 260 - America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents.
Page 392 - Accordingly, where property was in the possession of the bankrupt at the time of the appointment of a receiver, it was held that the bankruptcy court had jurisdiction to determine the title to it as against an adverse claimant, and that the receiver had no right to deliver it to him without the order of the court.