Stone v. Clogston
Supreme Court of Oklahoma
Error from District Court, Oklahoma County: B. F. Burwell, Judge. Action by M. V.'Clogston against L. C. Stone. There was a judgment dismissing an appeal by defendant to the district court from an adverse judgment rendered by- the probate court, and he brings error.
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Error from District Court, Oklahoma County: B. F. Burwell, Judge. Action by M. V.'Clogston against L. C. Stone. There was a judgment dismissing an appeal by defendant to the district court from an adverse judgment rendered by- the probate court, and he brings error. On the 19th day of December, A. D. 1906, the defendant in error as plaintiff commenced this action against the plaintiff in error as defendant, by filing his petition in the probate court in Oklahoma county, territory of Oklahoma, at the same time filing therewith a poverty affidavit and a prsecipe for summons, which was duly…
1Opinion of the Court
Williams, -J.
(after stating the facts as above). That the district court of the territory of Oklahoma had no power to impose a rule requiring a party appealing a case from the probate court to the district court to deposit with the clerk of the district court a certain sum of money for the costs of the clerk, and a failure to do so after a certain designated time after the transcript of the trial court is deposited with the clerk should be ground for the dismissal of the appeal, has been repeatedly held by this court. Goodwin et al. v. Bickford, 20 Okla. 91, 93 Pac. 548; Holmes v. Offield, 22…
2Cases cited3 opinions
- Devault v. Merchants' Exch. Co.Supreme Court of Oklahoma · 1908
- Goodwin v. BickfordSupreme Court of Oklahoma · 1908
- Holmes v. OffieldSupreme Court of Oklahoma · 1908
3Cited by4 opinions
- Poafpybitty v. Skelly Oil CompanySupreme Court of Oklahoma · 1964
- International Harvester Co. of America v. CameronSupreme Court of Oklahoma · 1909
- Anderson v. Kinnebrew Motor Co.Supreme Court of Oklahoma · 1940
- St. Louis S. F. R. Co. v. McAllisterSupreme Court of Oklahoma · 1916