Everts v. Town of Bixby
Supreme Court of Oklahoma
Error from the United, States Court for the Western District of Indian Territory at Tulsa; W. R. Lawrence, Judge. Mrs. W. M. Everts was fined in the mayor’s court of the town of Bixby for violation of an ordinance, and prayed an appeal to the United States Court for the Western District of the Indian Territory. The appeal having been thereafter dismissed for want of prosecution, and the cause remanded to the mayor’s court.
Read the full summary
Error from the United, States Court for the Western District of Indian Territory at Tulsa; W. R. Lawrence, Judge. Mrs. W. M. Everts was fined in the mayor’s court of the town of Bixby for violation of an ordinance, and prayed an appeal to the United States Court for the Western District of the Indian Territory. The appeal having been thereafter dismissed for want of prosecution, and the cause remanded to the mayor’s court. Mrs. Everts moved to set aside such order, which motion was denied, and she brings error. On the 12th day of June, 1907, the plaintiff in error, as plaintiff, filed in the…
1Opinion of the CourtWilliams, J.
(after stating the facts as above). The plaintiff in error makes five specifications of error, or assignments as to why the judgment of the lower court should be reversed; but we will consider them all together.
The first three contentions, made in support of said speci'fications, are to the effect that the action was a criminal prosecution, and that neither the said mayor’s nor the district court had any jurisdiction. But that question is neither properly raised here, nor is it essential to the determination of this appeal'to pass on same. However, the case of Fortune v. Incorporated Town of…
2Cases cited5 opinions
- McGehee v. Carroll & JonesSupreme Court of Arkansas · 1876
- Fortune v. Incorporated Town of WilburtonCourt of Appeals for the Eighth Circuit · 1905
- Farmers' Nat. Bank of Vinita v. First Nat. Bank of Pryor CreekSupreme Court of Oklahoma · 1909
- Fortune v. Incorporated Town of WilburtonCourt Of Appeals Of Indian Territory · 1904
- Brown v. GormanCourt Of Appeals Of Indian Territory · 1907
3Cited by5 opinions
- Chicago, R. I. & P. Ry. Co. v. MooreSupreme Court of Oklahoma · 1912
- McKee v. De GraffenreidSupreme Court of Oklahoma · 1912
- Key v. City of ArdmoreCourt of Criminal Appeals of Oklahoma · 1925
- Kriewitz v. TaylorSupreme Court of Oklahoma · 1935
- Wilkerson v. City of LawtonCourt of Criminal Appeals of Oklahoma · 1929