Nix v. Gilmer
Supreme Court of Oklahoma
Error from the Frótate Court of Notle County. STATEMENT OF THE CASE. This is an action of replevin commenced in the probate court of Noble county on the 11th day of December, 1894, by Laura Gilmer against Will M. Nix, to recover the possession of a dwelling house alleged to be of the value of §180, and the sum of $100 as damages for the unlawful detention of said house.
Read the full summary
Error from the Frótate Court of Notle County. STATEMENT OF THE CASE. This is an action of replevin commenced in the probate court of Noble county on the 11th day of December, 1894, by Laura Gilmer against Will M. Nix, to recover the possession of a dwelling house alleged to be of the value of §180, and the sum of $100 as damages for the unlawful detention of said house. On the samo day an affidavit in replevin and a replevin bond were executed and filed on behalf of the plaintiff, as provided by law, and an order of delivery was issued by said court to the sheriff of said county. On the 19th…
1Opinion of the Court
The opinion of the court was delivered by
KeatoN, J.:
The first error . assigned,, and relied upon for a reversal of this case, is the overruling, by the probate court, of defendant’s motion to quash the summons which is in the following language:
“In the Probate Court of ‘P’ county, Oklahoma Territory.
“Territory of Oklahoma, !P’ County.
“The Territory of Oklahoma to the Sheriff of ‘P’ County it said Territory, Greeting:
“You are hereby commanded to notify Will M. Nix that he has been sued by Laura Gilmer in the probate court sitting in and for said county of ‘P’, and that unless he answer by the…
2Cases cited8 opinions
- Brenner v. BigelowSupreme Court of Kansas · 1871
- Chandler v. ColcordSupreme Court of Oklahoma · 1893
- Town of Denver v. City of Spokane FallsWashington Supreme Court · 1893
- Miller v. BrumbaughSupreme Court of Kansas · 1871
- Montour v. PurdySupreme Court of Minnesota · 1866
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Huston v. ScottSupreme Court of Oklahoma · 1908
- Carpenter v. RussellSupreme Court of Oklahoma · 1903
- Brewer v. RustSupreme Court of Oklahoma · 1908
- Carson v. JansenNebraska Supreme Court · 1902
- Eastman Nat. Bank v. HertzlerSupreme Court of Oklahoma · 1924
5 more not listed; retrieve them via the Exa API.