Missouri, K. & T. Ry. Co. v. Ellis
Supreme Court of Oklahoma
Error from District Court, Pawnee County; L.. M. Poe, Judge. Action by Robert Ellis against the Missouri, Kansas & Texas Railway Company. From the order of the court refusing to set aside default judgment in favor of plaintiff and to grant a new trial, defendant brings error.
1Opinion of the CourtSharp, J.
October 31, 1913, plaintiff instituted this action against defendant to recover an alleged balance due on a contract for the construction of a depot by the former for the latter at Cleveland, Okla. Service of summons was had on defendant November 5, 1913, by delivering a copy thereof to V. A. Eikenbury, acting agent of the company at Hallett, Okla. Answer day in the summons was fixed as November 28, 1913. No answer or other pleading to the petition having been filed, on January 6, 1914, default judgment in favor of plaintiff was taken. On the same day defendant was apprised of the default…
2Cases cited16 opinions
- Philip Carey Co. v. VickersSupreme Court of Oklahoma · 1913
- Poff v. LockridgeSupreme Court of Oklahoma · 1908
- Reese Lumber Co. v. Licking Coal & Lumber Co.Court of Appeals of Kentucky · 1914
- Chicago, R. I. & P. Ry. Co. v. EasthamSupreme Court of Oklahoma · 1910
- Marshall v. MarshallSupreme Court of Oklahoma · 1898
11 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Wagner v. LucasSupreme Court of Oklahoma · 1920
- Postal Ben. Ins. Co. v. JohnsonArizona Supreme Court · 1946
- Lynch v. Arizona Enterprise Mining Co.Arizona Supreme Court · 1919
- Hutchings v. ZumbrunnSupreme Court of Oklahoma · 1922
- Olentine v. AlbertySupreme Court of Oklahoma · 1921
14 more not listed; retrieve them via the Exa API.