J. W. Ripey Son v. the Art Wall Paper Mill
Supreme Court of Oklahoma
Error from District Court, Oklahoma County; John J. Carney, Judge. Action between The Art Wall Paper Mill and J. W. Ripe)' & Son. Prom the judgment, J. W. Ripey & Son bring error.
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Error from District Court, Oklahoma County; John J. Carney, Judge. Action between The Art Wall Paper Mill and J. W. Ripe)' & Son. Prom the judgment, J. W. Ripey & Son bring error. Citing: Ex parte Anthony 5 Ark. 258; Simpson’v. Simpson, 25 Ark. 467; Andrew v. Bum-sey, 75 111. 598; Condon v. Gore, 42 Atl. 90; Griffin v. Leslie, 20 Md. 15; Hurlbert v. Palmer, 59 Neb. 157, 57 N. W. 1019; Kitchell v. Beach, 35 N. J. Eq. 446; Titus v. Latimer, 5 Tex. 433; Smock v. Bank, 22 Okla. 825; Crittenden v. Schermerhorn, 35 Mich. 370.
1Opinion of the CourtWilliams, J.
It is insisted by the counsel for defendant in error that this appeal should be dismissed for the reason that the case-made was not signed and settled by any judge authorized by law.
1. Section 4742 of Wilson’s ■ Rev. & Ann. St. 1903 (St. Okla. Ter. 1893, sec. 4445; sec. 6075, Comp. Laws Okla. 1909) does not authorize the successor in office of a judge, where a vacancy is occasioned by death, to sign and settle a case-made in a cause tried by his predecessor, where such trial was had prior to the passage of act of March 9, 1910 (Sess. Laws 1910, p. 59). Tegeler v. State, 3 Okla. Cr. 595, 107…
2Cases cited16 opinions
- Bettis v. CargileSupreme Court of Oklahoma · 1909
- Smock v. Farmers' Union State BankSupreme Court of Oklahoma · 1908
- Hurlburt v. PalmerNebraska Supreme Court · 1894
- Griffin v. LeslieCourt of Appeals of Maryland · 1863
- Titus v. LatimerTexas Supreme Court · 1849
11 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Coyle v. SmithSupreme Court of Oklahoma · 1911
- Richardson Et Vir v. BeidlemanSupreme Court of Oklahoma · 1912
- Am. Nat. Bank of McAlester v. Mergenthaler LinotypeSupreme Court of Oklahoma · 1912
- Brown v. MarksSupreme Court of Oklahoma · 1915
- Hudson v. ElySupreme Court of Oklahoma · 1912
23 more not listed; retrieve them via the Exa API.