Cox v. Garrett
Supreme Court of Oklahoma
■ Error from the District Court of Logan County; before Frank Dale, District Judge. STATEMENT OP PACTS. Action by Samuel G. Garrett against Marinda O. Cox and Albert L.'Ayers. Judgment for plaintiff. Defendants bring error.
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■ Error from the District Court of Logan County; before Frank Dale, District Judge. STATEMENT OP PACTS. Action by Samuel G. Garrett against Marinda O. Cox and Albert L.'Ayers. Judgment for plaintiff. Defendants bring error. This was an action for a mandatory injunction, filed by Samuel G. Garrett, against the plaintiffs in error, in the district court of Logan county, on December 11, 1807. The plaintiff averred in his petition that on September 22, 1891, he made homestead settlement upon the S. W. ^ of section 18, township 17 N., of range 1 E.; that immediately thereafter he made homestead…
1Opinion of the Court
Opinion of the court by
HaiNee, J.:
The first error assigned and argued by the plaintiffs in error is that the judge had no power to make the order of injunction at chambers. ■ It is contended that the order of injunction was a final and perpetual mandatory order. We do not think the terms' of this order admit of such a construction. The order clearly shows that it is not a final order or judgment of the court in the action. It is true that the judge at chambers could not render a final judgment in an action, but it does not appear from the record that a final judgment had been rendered. And,…
2Cases cited4 opinions
- Toledo, A. A. & N. M. Ry. Co. v. Pennsylvania Co.U.S. Circuit Court for the District of Northern Ohio · 1893
- Woodruff v. WallaceSupreme Court of Oklahoma · 1895
- Reaves v. OliverSupreme Court of Oklahoma · 1895
- Barnes v. NewtonSupreme Court of Oklahoma · 1897
3Cited by9 opinions
- Glasco v. School Dist. No. 22, McClain CountySupreme Court of Oklahoma · 1909
- Smith v. FingerSupreme Court of Oklahoma · 1905
- Cope v. BradenSupreme Court of Oklahoma · 1901
- Brown v. HartshornSupreme Court of Oklahoma · 1902
- Deninger Et Ux. v. GossomSupreme Court of Oklahoma · 1915
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