Blevins v. Morledge Allen
Supreme Court of Oklahoma
Error from the District Court of Logan County. STATEMENT OF FACTS. This was a proceeding in replevin begun November 21, 1893, and upon December 28,1893, submitted to referees agreed upon by the parties, under a stipulation which provided: “That said parties shall hear and determine all issues of law and fact in said cause and report thereon in accordance with the statutes of Oklahoma Territory in such case made and provided.”
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Error from the District Court of Logan County. STATEMENT OF FACTS. This was a proceeding in replevin begun November 21, 1893, and upon December 28,1893, submitted to referees agreed upon by the parties, under a stipulation which provided: “That said parties shall hear and determine all issues of law and fact in said cause and report thereon in accordance with the statutes of Oklahoma Territory in such case made and provided.” The referees were Pile, Remick and Hollingsworth, all citizens of Kansas, and it was agreed that they should sit as referees and hear the cause in Arkansas City, Kansas.…
1Opinion of the Court
The opinion of the court was delivered by
MoAtee, J.:
It is the contention of the defendants in error, that the case was filed in this court out of time; that it should have been served within the statutory time, three days after the orders of November 3rd, and because no time was granted at that time extending the time for such service, and that the motion for a new trial in a proceeding like the present must come upon exceptions to the report of the referees, and that the exceptions to the report of the referees, as in other similar cases, were in the nature of a motion for a new trial.
It is…
2Cases cited3 opinions
- Underwood v. McDuffeeMichigan Supreme Court · 1867
- Cole v. Superior CourtCalifornia Supreme Court · 1883
- City of Brownsville v. BasseTexas Supreme Court · 1875
3Cited by3 opinions
- Sharkey v. CandianiOregon Supreme Court · 1905
- First Nat. Bank of Shawnee v. Oklahoma Nat. Bank of ShawneeSupreme Court of Oklahoma · 1911
- Sequoyah Oil & Refining Co. v. SundaySupreme Court of Oklahoma · 1924