Robb v. Dobrinski
Supreme Court of Oklahoma
Error from the District Court 'of Blaine County; before James K. Beauchamp, Trial Judge. STATEMENT OE EACTS. This was an action in replevin brought by Michael Dob-rinski .against James C. Eobb, Henry Klein and Frederick Haffner, to recover the possession of about seventeen hundred bushels of wheat.
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Error from the District Court 'of Blaine County; before James K. Beauchamp, Trial Judge. STATEMENT OE EACTS. This was an action in replevin brought by Michael Dob-rinski .against James C. Eobb, Henry Klein and Frederick Haffner, to recover the possession of about seventeen hundred bushels of wheat. The material averments in the petition are as follows: That on or about the first day of J anuary, 1902, the defendant Frederick Iiaffner did take, steal and carry away about seventeen hundred bushels of wheat belonging to the plaintiff. That said Haffner took said wheat to the defendants James C.…
1Opinion of the Court
Opinion of the court by
Hainer, J.:
The first error assigned and argued by plaintiffs in error is that the petition does not state facts sufficient to constitute a cause of action, and that therefore the court erred in overruling the objection of the defendants to the introduction of evidence. We think this objection was well taken as to the defendant Haffner. The petition fails to state facts sufficient to constitute a cause of action against him. The petition does not allege that the wheat in controversy was in the possession of Haffner, or under his control. On the contrary, it alleges that…
2Cases cited8 opinions
- Riciotto v. ClementCalifornia Supreme Court · 1892
- Gildas v. CrosbyMichigan Supreme Court · 1886
- Depriest v. McKinstryNebraska Supreme Court · 1893
- Gardner v. BrownNevada Supreme Court · 1894
- George R. Barse Live Stock Commission Co. v. McKinsterSupreme Court of Oklahoma · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Bates v. Capital State BankIdaho Supreme Court · 1912
- Myers v. HubbardSupreme Court of Oklahoma · 1920
- Wails v. FarringtonSupreme Court of Oklahoma · 1911
- Bales v. BreedloveSupreme Court of Oklahoma · 1924
- Farmers State Bank of Newkirk v. HessSupreme Court of Oklahoma · 1929
13 more not listed; retrieve them via the Exa API.