Ecker v. Ecker
Supreme Court of Oklahoma
Error from the United States Court for the Northern District of Indian Territory; Jos. A. Gill, Judge. Divorce by Charles L. Eclcer against Della Eeker.
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Error from the United States Court for the Northern District of Indian Territory; Jos. A. Gill, Judge. Divorce by Charles L. Eclcer against Della Eeker. Plaintiff had judgment for a divorce and the custody of their minor child, but it was decreed that the property should be divided equally between them, or that defendant have judgment for one-half of its value as found by the master, and from such portion of the judgment plaintiff brought error to the United States Court of Appeals of the Indian Territory, whence the cause was transferred, under the Enabling Act, to the Supreme Court of the…
1Opinion of the CourtHayes, J.
(after stating the facts as above). The master in his findings did not specifically find upon the issue made by plaintiff in his petition charging defendant with adultery, which was denied in her answer. After the report of the master had been filed, plaintiff moved the court to re-refer the case, with directions, to the master to find upon this issue, and the' first alleged error complained of is that the court refused to sustain the motion and re-refer the ease. After a careful examination of the record, however, we are unable to find that this motion was ever acted upon by the court,…
2Cases cited9 opinions
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- Pauly v. PaulySupreme Court of Oklahoma · 1904
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