Wetz v. Elliott
Supreme Court of Oklahoma
Error from the Probate Court of Woods County. This was an action of injunction brought by plaintiff in error here, plaintiff below, in the probate court of Woods county against Joseph W. Elliott, justice of the peace, W. H. Elliott, special constable, and Peter Ruse, to enjoin execution upon, and collection of, a judgment in favor of Ruse, and against Wetz, for the return of certain personal property of the value of about twenty-five dollars, and costs of about ten dollars.
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Error from the Probate Court of Woods County. This was an action of injunction brought by plaintiff in error here, plaintiff below, in the probate court of Woods county against Joseph W. Elliott, justice of the peace, W. H. Elliott, special constable, and Peter Ruse, to enjoin execution upon, and collection of, a judgment in favor of Ruse, and against Wetz, for the return of certain personal property of the value of about twenty-five dollars, and costs of about ten dollars. A temporary order of injunction was duly. issued, which, upon motion of defendants, was dissolved. Prom this action the…
1Opinion of the Court
The opinion of the court was delivered by
BieeeR, J.:
The only question presented by plaintiff in error in this case is as to the jurisdiction of the.probate court to award an injunction in this character of a case.
He contends that the temporary order was dissolved by the probate court because the probate court had no jurisdiction of the cause, and that was the only question presented. The motion upon which this injunction was dissolved presented this-question, and in any event it is the only one necessary for our consideration.
The plaintiff in error contends that the probate court had…
2Cases cited3 opinions
- Territory of Oklahoma Ex Rel. Sampson v. ClarkSupreme Court of Oklahoma · 1894
- Lee Treasurer v. RobertsSupreme Court of Oklahoma · 1895
- Allison v. BergerSupreme Court of Oklahoma · 1890
3Cited by9 opinions
- Goodwin v. BickfordSupreme Court of Oklahoma · 1908
- Ametek, Inc. v. O'ConnorCourt of Appeals of Maryland · 2001
- Finerty v. WilliamsSupreme Court of Oklahoma · 1921
- McMullen v. United StatesCourt of Appeals for the D.C. Circuit · 1938
- Alonzo v. Homeland Stores, Inc.Court of Civil Appeals of Oklahoma · 1993
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