Burchett, Sheriff v. Hamil
Supreme Court of Oklahoma
JSrror from the District Court of Kingfisher County. STATEMENT OF FACTS. Annie M. Hamil brought her action in replevin in the district court of Kingfisher county to recover the possession of four hundred bushels of wheat which the defendant, as sheriff, had levied upon under an execution upon a judgment against the plaintiff’s husband, James M. Hamil.
Read the full summary
JSrror from the District Court of Kingfisher County. STATEMENT OF FACTS. Annie M. Hamil brought her action in replevin in the district court of Kingfisher county to recover the possession of four hundred bushels of wheat which the defendant, as sheriff, had levied upon under an execution upon a judgment against the plaintiff’s husband, James M. Hamil. The cause was submitted to a referee for trial, and the referee made findings of fact and conclusions of law, and reported the same to the court. The findings of fact are quite brief, and treating them as they are considered by counsel for both…
1Opinion of the Court
The opinion of the court was delivered by
Bierer, J.:
Two questions of law are presented upon the record for our determination. (1), Did the court err in overruling defendant’s motion to confirm the report of the referee and render judgment in his favor thereon? (2), Did the court err in rendering judgment for the plaintiff after the court had sustained the plaintiff’s exceptions to the report of the referee and, on her motion, had set aside and held the report for naught ?
The defendant had filed no exceptions to the findings of fact of the referee, so, on determining his motion, the facts, so…
2Cases cited3 opinions
- Martsolf v. BarnwellSupreme Court of Kansas · 1875
- Owen v. OwenSupreme Court of Kansas · 1872
- Rice v. BenedictMichigan Supreme Court · 1869
3Cited by5 opinions
- Tribal Development Co. v. White Bros.Supreme Court of Oklahoma · 1911
- Holton v. LankfordSupreme Court of Georgia · 1939
- James v. ColemanSupreme Court of Oklahoma · 1917
- Kingfisher Improvement Co. v. Board of County Com'rs of Jefferson CountySupreme Court of Oklahoma · 1917
- Tribal Development Co. v. RoffSupreme Court of Oklahoma · 1912