Legal Opinion

Pratt v. Ratliff

Supreme Court of Oklahoma

Decided June 8, 1900PublishedCited by 25 opinions

Error from the District Court of Kingfisher County, before John C. Tarsney, District Judge. STATEMENT OF THE CASE, This is an action of replevin brought by plaintiff in error before Thomas Menzies, a justice of the peace in and for Kingfisher county, Oklahoma Territory, against the defendant in error, to recover possession of personal property levied upon- and taken by the defendant, as sheriff of said county under an execution issued in a suit in which one D. W. Doty…

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Error from the District Court of Kingfisher County, before John C. Tarsney, District Judge. STATEMENT OF THE CASE, This is an action of replevin brought by plaintiff in error before Thomas Menzies, a justice of the peace in and for Kingfisher county, Oklahoma Territory, against the defendant in error, to recover possession of personal property levied upon- and taken by the defendant, as sheriff of said county under an execution issued in a suit in which one D. W. Doty recovered a judgment against this plaintiff in error, in June, 1893, before one W. D. Hilton, who was then pretending to act…

1Opinion of the Court

Opinion of the court by

Irwin, J.:

It is apparent from an examination of the record and the stipulation of the parties, that the issues joined and the evidence in the case No. 760, referred to in the stipulation, are identical with the case at bar. The parties are practically the same. In that case it was this plaintiff in error as plaintiff, and the sheriff of Kingfisher county, and the execution creditor, as defendants. The question there involved was the validity of the judgment on which the execution in this case was issued. The questions to be tried in that case were identical with the…

2Cases cited3 opinions

  1. Van Renesselaer v. KearneySupreme Court of the United States · 1851
  2. Williamsburgh Savings Bank v. Town of SolonNew York Court of Appeals · 1893
  3. Gray v. PingrySupreme Court of Vermont · 1845

3Cited by25 opinions

  1. Cressler v. BrownSupreme Court of Oklahoma · 1920
  2. Pioneer Telephone & Telegraph Co. v. StateSupreme Court of Oklahoma · 1914
  3. Johnson v. WhelanSupreme Court of Oklahoma · 1940
  4. McDuffie v. Geiser Mfg. Co.Supreme Court of Oklahoma · 1913
  5. Prince v. GosnellSupreme Court of Oklahoma · 1915

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