Frantz v. Saylor
Supreme Court of Oklahoma
Error from the District Court of Kay County; before Bay-ard T. Earner, Trial Judge. STATEMENT OE FACTS. This action was brought by the defendant in error, plaintiff below, before a justice, of the peace, upon an injunction bond, the penalty of which was one hundred dollars. The ease was appealed to the district' court of Kay county, and there tried, resulting in a verdict for the defendant in error for the full amount of the penalty of the bond.
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Error from the District Court of Kay County; before Bay-ard T. Earner, Trial Judge. STATEMENT OE FACTS. This action was brought by the defendant in error, plaintiff below, before a justice, of the peace, upon an injunction bond, the penalty of which was one hundred dollars. The ease was appealed to the district' court of Kay county, and there tried, resulting in a verdict for the defendant in error for the full amount of the penalty of the bond. The injunction bond was given in a former action between the same parties, and was conditioned, as required by law, “to pay to the injured party the…
1Opinion of the Court
Opinion of the court by
Pancoast, J.,
At the trial of this case the court allowed the plaintiff to prove, as an item of damage, that she had contracted to pay her attorney $50 in the former injunction suit, and had paid $25 of that amount in cash. She was also allowed to prove, as an item of damage, ,$10 for injury to a certain pasture and to a pond on the place. Also, that she had paid $10 for removing the fence and other improvements that she had to take off of the land, a part of which sum seems to have been paid for harvesting the crop then on the land. Other items were allowed to be proven…
2Cases cited5 opinions
- Day v. WoodworthSupreme Court of the United States · 1852
- Oelrichs v. SpainSupreme Court of the United States · 1872
- Arcambel v. WisemanSupreme Court of the United States · 1796
- Underhill v. SpencerSupreme Court of Kansas · 1881
- Greer v. RichardsArizona Supreme Court · 1890
3Cited by6 opinions
- City of Kingfisher v. AltizerSupreme Court of Oklahoma · 1903
- Hertzel v. WeberSupreme Court of Oklahoma · 1926
- Rubenstein v. H. Hackfeld & Co.Hawaii Supreme Court · 1906
- Oklahoma Cotton Growers Ass'n v. GroffSupreme Court of Oklahoma · 1929
- Territory v. Ho MeHawaii Supreme Court · 1922
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