National Live Stock Bank v. First National Bank
Supreme Court of the United States
ERROR TO THE SUPREME COURT OP THE TERRITORY OP OKLAHOMA. This is an action of replevin, brought by the plaintiff in erroT against the defendant in error, in the District Court of Woodward County in the then Territory of Oklahoma, to recover possession of certain cattle, once belonging to one W. B. Grimes and by him mortgaged.
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ERROR TO THE SUPREME COURT OP THE TERRITORY OP OKLAHOMA. This is an action of replevin, brought by the plaintiff in erroT against the defendant in error, in the District Court of Woodward County in the then Territory of Oklahoma, to recover possession of certain cattle, once belonging to one W. B. Grimes and by him mortgaged. The trial resulted in a judgment for. the defendant, which was affirmed by the Supreme Court of the Territory, and the plaintiff has brought the case here by writ of error. The action has been twice tried. The first trial ended in a judgment for .the plaintiff. Upon…
1Opinion of the CourtJustice Peckham
The defendant in error, at the outset, objects to the jurisdiction of this court on the ground that the plaintiff should have brought the case here by appeal instead of by writ of error, because the case was tried without a jury, and, therefore, the writ of error was improper. There is nothing in this objection, as in actions at law coming from the Territory of Oklahoma it has been held that the proper way to review the judgments of the Supreme Court of that Territory was by writ of error. Comstock v. Eagleton, 196 U. S. 99; Oklahoma City v. McMaster, 196 U. S. 529; Guss v. Nelson, 200 U. S.…
2Cases cited4 opinions
- Carpenter v. LonganSupreme Court of the United States · 1873
- Oklahoma City v. McMasterSupreme Court of the United States · 1905
- Guss v. NelsonSupreme Court of the United States · 1906
- Comstock v. EagletonSupreme Court of the United States · 1905
3Cited by33 opinions
- Isidore Cherno, Trustee-Appellant v. Dutch American Mercantile Corporation, Creditor-Appellee. In the Matter of Itemlab, Inc., BankruptCourt of Appeals for the Second Circuit · 1965
- Potter Mfg. Co. v. ArthurCourt of Appeals for the Sixth Circuit · 1915
- Chase v. Commerce Trust Co.Supreme Court of Oklahoma · 1923
- Lipscomb v. TalbottSupreme Court of Missouri · 1912
- W. C. Early Co. v. WilliamsTennessee Supreme Court · 1916
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