Legal Opinion

Zahn v. Obert

Supreme Court of Oklahoma

Decided July 13, 1909No. 140PublishedCited by 12 opinions

Error from District Court, Caddo County; F. E. Gillette, Judge. Action by Ab Zahn against M. .Obert. Judgment for defendant, and plaintiff brings error. On ^he 16th day of September, 1904, there was begun before W. -W. Starkweather, a justice of the peace for the city of Ana-darko, Caddo county, Okla.

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Error from District Court, Caddo County; F. E. Gillette, Judge. Action by Ab Zahn against M. .Obert. Judgment for defendant, and plaintiff brings error. On ^he 16th day of September, 1904, there was begun before W. -W. Starkweather, a justice of the peace for the city of Ana-darko, Caddo county, Okla. T., by a bill of particulars, wherein Ab Zahn, the plaintiff in error, was plaintiff, and M. Obert the defendant in error, was defendant, a forcible entry and detainer action for the immmediate possession of lots 7 and 8, in block 23, of the town of Hydro, in said county, alleging that said…

1Opinion of the Court

Williams. J.

(after stating the facts as above). The only question essential for the determination of this case is whether or not the court erred in finding that the question of title to real estate was involved in said case, and discharging the jury and dismissing the same.

Under the laws of the territory of Oklahoma, justices of the peace have original jurisdiction to try actions for forcible entry' and detainer or detainer only, of real property. Section 4929, Wilson’s Rev. & Ann. St. 1903; chapter 67, art. 1, § 2, Code Civ. Proc. McDonald v. Stiles, 7 Okla. 328, 54 Pac. 487. The title to…

2Cases cited17 opinions

  1. Huston v. ScottSupreme Court of Oklahoma · 1908
  2. McDonald v. StilesSupreme Court of Oklahoma · 1898
  3. Armour Packing Co. v. HoweSupreme Court of Kansas · 1901
  4. Buettinger v. HurleySupreme Court of Kansas · 1886
  5. Conaway v. GoreSupreme Court of Kansas · 1882

12 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Larney v. AldridgeSupreme Court of Oklahoma · 1912
  2. Johnston v. BaldockSupreme Court of Oklahoma · 1921
  3. Long v. BagwellSupreme Court of Oklahoma · 1913
  4. Gross v. BakerSupreme Court of Oklahoma · 1915
  5. Obert v. ZahnSupreme Court of Oklahoma · 1914

7 more not listed; retrieve them via the Exa API.

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