Chicago, R.I. P. Ry. Co. v. Rich
Supreme Court of Oklahoma
Error from. County Court. Johnston County : Chas. S. Fenwick. Judge. Action by A. M. Rich against the Chicago. Rock Island & Pacific Railway Company. ■Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
Opinion by
MATHEWS, C.
The question raised by this appeal involves the right of the county or district judge to require the appellant on appeal from the justice of the peace court to make a cash deposit to cover the costs in the appellate court and to dismiss the appeal upon the failure to comply with such a requirement.
This exact question was passed upon by ibis court in the case of St. Louis & S. F. R. Co. v. McAllister, 56 Okla. 244, 155 Pac. 1123, and was there answered in the negative. Following that case we recommend- that the judgment be reversed, and the cause remanded. with…
2Cases cited1 opinion
- St. Louis S. F. R. Co. v. McAllisterSupreme Court of Oklahoma · 1916
3Cited by2 opinions
- In Re Durkee's WillSupreme Court of Oklahoma · 1936
- Norcom v. MinorSupreme Court of Oklahoma · 1936