Legal Opinion

Byrd v. Hammett

Supreme Court of Oklahoma

Decided September 13, 1910No. 610Published

Error from District Court, Craig County; T. L. Brown, Judge Action by H. H. Byrd against C. H. Hammett and others From a judgment for defendants, ‘ plaintiff brings error.

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Error from District Court, Craig County; T. L. Brown, Judge Action by H. H. Byrd against C. H. Hammett and others From a judgment for defendants, ‘ plaintiff brings error. On the 15th day of August, 1905, plaintiff in error, as plaintiff, commenced this action on the equity side of the docket in the Hnited States Court for the Northern District of -the Indian Territory, at Vinita, against the defendants in error, C. H. Hammett and the Superior Oil and Gas Company, as defendants, seeking an accounting. . After the cause was at issue, same was referred to A. M. Etchen, master in chancery, to…

1Opinion of the CourtWilliams, J.

It is insisted, by counsel for the defendants in error that, as the plaintiff in error failed to save any exceptions to the order of the court confirming the report of the master, this court should not review the action of the trial judge in confirming such report.

In Freeman v. Eldridge, 26 Okla. 601, 110 Pac. 1057, this court said:

“This action was instituted in the district court of Oklahoma county, territory of Oklahoma, on the 4th day of April, 1905, and was pending, and undetermined, at the time of the admission of the state. This section of the Schedule was construed by the United States…

2Cases cited9 opinions

  1. Blakemore v. JohnsonSupreme Court of Oklahoma · 1909
  2. St. Louis & S. F. R. v. CundieffCourt of Appeals for the Eighth Circuit · 1909
  3. Freeman v. EldridgeSupreme Court of Oklahoma · 1910
  4. Seward v. CaslerSupreme Court of Oklahoma · 1909
  5. Horn Et Ux. v. GibsonSupreme Court of Oklahoma · 1909

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