Bash v. Howald
Supreme Court of Oklahoma
Error from District Gourt, Garfield County; M. G. Garber, Judge. Action between William Howald and J. H. Bash and others. From the judgment Bash and others bring error.
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Error from District Gourt, Garfield County; M. G. Garber, Judge. Action between William Howald and J. H. Bash and others. From the judgment Bash and others bring error. On question of judges’ powers at chambers; Risser v. Hoyt, 53 Mich. 185; Schoultz v. McPhetters, 79 Ind. 373; Dunn v. State, 2 Ark. 229; Reyburn v. Bassett, 1 Kan. 514; Kohn v. Justice, 1 Kan. 211; State v. Woolson, 161 Mo. 444; Filly v. Gody, 4 Colo. 109; In re Garvey, 7 Colo. 502; Schlesingw v. Allen, 69 111. App. 138.
1Opinion of the CourtWilliams, J.
In Cassady et al. v. Morris, 19 Okla. 203, 91 Pac. 888, it was held in a unanimous opinion by the Supreme Court of the territory of Oklahoma that “a motion to discharge exempt property from attachment is triable to the court or judge, and neither party is entitled to a jury.” The authority of a judge at,chambers to dissolve an attachment or temporary injunction seems never to have been previously questioned in the territory of Oklahoma, and this court, in First National Bank of Hobart v. Spink et al., 21 Okla. 468, 97 Pac. 1019, assumed that such authority existed.
In Brown v. Epps, 91 Va. 726…
2Cases cited16 opinions
- Brown v. EppsSupreme Court of Virginia · 1895
- Chandler v. NashMichigan Supreme Court · 1858
- Elder v. KutnerCalifornia Supreme Court · 1893
- Territory of Oklahoma Ex Rel. Jones v. HopkinsSupreme Court of Oklahoma · 1899
- First Nat. Bank of Hobart v. SpinkSupreme Court of Oklahoma · 1908
11 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Continental Gin Co. v. De BordSupreme Court of Oklahoma · 1912
- Brison v. McKellopSupreme Court of Oklahoma · 1914
- Millus v. Lowrey Bros.Supreme Court of Oklahoma · 1917
- Pyeatt v. Prudential Ins. Co.Supreme Court of Oklahoma · 1913
- Stumpf v. PedersonSupreme Court of Oklahoma · 1937
6 more not listed; retrieve them via the Exa API.