Gilbert v. Stephens
Supreme Court of Oklahoma
Error from the District Court of Canadian County; before Jno. E. Burford, District Judge. This is an action of replevin to recover the possession of two head of horses, originally brought by plaintiff in error against defendant in error before a justice of the peace, subsequently appealed to the district court, where trial was had to the court without a jury, which resulted in judgment for defendant. Plaintiff brings error.
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Error from the District Court of Canadian County; before Jno. E. Burford, District Judge. This is an action of replevin to recover the possession of two head of horses, originally brought by plaintiff in error against defendant in error before a justice of the peace, subsequently appealed to the district court, where trial was had to the court without a jury, which resulted in judgment for defendant. Plaintiff brings error. Upon the request of plaintiff’s counsel, the district court made the following findings of fact and conclusions of law, to>-wit: “The court finds that on the 20th day of…
1Opinion of the Court
Opinion of the court by
Keaton, J.:
Plaintiff in error’s first contention is that the animals described in the pleadings were not running at large, within the meaning of the provisions of art. 2, ch. 2, Oklahoma Statutes, 1893, in as much as they accidentally, and without her knowledge or consent, escaped from the enclosure into which she had turned them on the evening of the day before they were distrained by defendant as damage feasant, and the following authorities are cited in support of this contention: Stephenson v. Ferguson, 30 N. E. 714; McBride v. Hicklin, 24 N. E. 755; Rutter v.…
2Cases cited15 opinions
- Rockwell v. . NearingNew York Court of Appeals · 1866
- Southern Pac. R.R. v. DufourCalifornia Supreme Court · 1892
- Whereatt v. EllisWisconsin Supreme Court · 1886
- Tiffany v. . St. JohnNew York Court of Appeals · 1875
- Wheeler & Wilson Manufacturing Co. v. TeetzlaffWisconsin Supreme Court · 1881
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3Cited by7 opinions
- Seneca Coal Co. v. CarterSupreme Court of Oklahoma · 1922
- Bottoms v. ClarkSupreme Court of Oklahoma · 1913
- Tulsa Rig, Reel & Mfg. Co. v. ArnoldSupreme Court of Oklahoma · 1917
- Holden v. VarnerMontana Supreme Court · 1954
- Holmber v. WillSupreme Court of Oklahoma · 1915
2 more not listed; retrieve them via the Exa API.