Hagar v. Wikoff
Supreme Court of Oklahoma
Krror from the District Court of Payne County. STATEMENT OF CASE. The town of Stillwater was settled soon after the opening of Oklahoma in 1889, at a time when there was no law in force in the territory to carry into effect any rights acquired under § 2387, R. S. U. S.; at the settlement of the townsite one Berkey was a claimant of lot 14, in block 42, the lot in controversy, and about ten days after the settlement of the townsite, erected a frame building on the lot, which…
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Krror from the District Court of Payne County. STATEMENT OF CASE. The town of Stillwater was settled soon after the opening of Oklahoma in 1889, at a time when there was no law in force in the territory to carry into effect any rights acquired under § 2387, R. S. U. S.; at the settlement of the townsite one Berkey was a claimant of lot 14, in block 42, the lot in controversy, and about ten days after the settlement of the townsite, erected a frame building on the lot, which was rented to the provisional government of Stillwater and used by the officers during the summer of 1890, as a clerk’s…
1Opinion of the Court
The opinion of the court was delivered by
Burford, J.:
The first contention of plaintiff in error is that the trial court erred in permitting the defendant to plead after default. The court granted defendant leave to plead after a hearing upon his application, in which numerous affidavits were presented on each side. This was purely a discretionary matter in the trial court, and unless it appears that the court has abused its discretion to the manifest injury of the party complaining the appellate court will not interfere. We find nothing in this ruling to show any abuse in discretion. It is…
2Cases cited5 opinions
- Blight's Lessee v. RochesterSupreme Court of the United States · 1822
- Willison v. WatkinsSupreme Court of the United States · 1830
- Stringfellow v. CainSupreme Court of the United States · 1879
- Hussey v. SmithSupreme Court of the United States · 1879
- Peyton v. StithSupreme Court of the United States · 1831
3Cited by9 opinions
- Treadgold v. WillardOregon Supreme Court · 1916
- King v. KingSupreme Court of Oklahoma · 1914
- Avey v. Van VoorhisSupreme Court of Oklahoma · 1914
- Lynch v. PerrymanSupreme Court of Oklahoma · 1911
- Campbell v. ShortSupreme Court of Oklahoma · 1917
4 more not listed; retrieve them via the Exa API.