Bracken v. Stone
Supreme Court of Oklahoma
Okla. T. Error from District Court, Kingfisher County; before C. F. Erwin, Judge. Action by John D. Bracken against Ira 6. Stone and others. From an order dissolving an injunction, plaintiff brings error. On March 10, 1906, John D. Bracken, plaintiff in error, plaintiff below, commenced this action in the district court of Kingfisher county, Okla.
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Okla. T. Error from District Court, Kingfisher County; before C. F. Erwin, Judge. Action by John D. Bracken against Ira 6. Stone and others. From an order dissolving an injunction, plaintiff brings error. On March 10, 1906, John D. Bracken, plaintiff in error, plaintiff below, commenced this action in the district court of Kingfisher county, Okla. T., by filing his amended petition, as follows: “Comes now the above-named plaintiff and alleges: That plaintiff is in possession of and entitled to the quiet and peaceable possession of lot 4, block 36, in that part of the city of Kingfisher, Okla.…
1Opinion of the CourtTurner, J.
(after stating the facts as above). The first ground of the motion to dissolve in the lower court is vthat the petition in said cause does not state facts sufficient to constitute a cause of action in favor of the plaintiff and against the defendants.” The first question, then, is, did the court err in sustaining this contention, which is in the nature of a general demurrer to the petition? 10 Enc. PI. & Pr. p. 1046, says:
“On a motion to dissolve the injunction for the want of equity in the bill, facts which are well pleaded in the bill are to be taken as true the same as upon a demurrer.”…
2Cases cited1 opinion
- Marshall v. HomierSupreme Court of Oklahoma · 1903
3Cited by11 opinions
- Glasco v. School Dist. No. 22, McClain CountySupreme Court of Oklahoma · 1909
- Duncan v. GoldenSupreme Court of Oklahoma · 1957
- Silva v. City Council of City of McAlesterSupreme Court of Oklahoma · 1915
- Burnett v. Sapulpa Refining Co.Supreme Court of Oklahoma · 1916
- Baker v. LloydSupreme Court of Oklahoma · 1947
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