Legal Opinion

Fenton v. White

Supreme Court of Oklahoma

Decided September 4, 1896PublishedCited by 1 opinion

Error from the District Court of Kay County. STATEMENT OE FACTS. White, the defendant in error, brought suit in the probate court of Kay county, on September 26, 1894, to recover judgment against Murray and Moore for three hundred and eighty dollars, and costs.

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Error from the District Court of Kay County. STATEMENT OE FACTS. White, the defendant in error, brought suit in the probate court of Kay county, on September 26, 1894, to recover judgment against Murray and Moore for three hundred and eighty dollars, and costs. An execution was, on the following day, issued upon said judgment and placed in the hands of the plaintiff in error, George S. Fenton, then sheriff of Kay county, which execution was returned unserved, The defendant in error, White, thereupon filed his motion in the probate court to amerce the said sheriff and on the same day the…

1Opinion of the Court

The opinion of the court was delivered by

McAtbe, J.:

The sole question in the case is whether an appeal lies to the district court from an order of the probate court amercing the sheriff.

Section 1566 of the Statutes of 1893 specifies the extent of the appellate jurisdiction of the district court over the probate court, as follows:

“If questions of fact are to be re-tried in the appellate court, the appeals shall be taken to the district court of the county in manner and form as appeals are taken from judgments of justices of the peace.”

The method prescribed by the statute for taking appeals…

2Cases cited3 opinions

  1. Auld v. ButcherSupreme Court of Kansas · 1879
  2. Reese v. RiceCourt of Appeals of Kansas · 1895
  3. Amrine v. Kansas Pacific R. R.Supreme Court of Kansas · 1871

3Cited by1 opinion

  1. Riddle v. BishopSupreme Court of Oklahoma · 1938

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