Courtney v. Gibson
Supreme Court of Oklahoma
Error from District Court, Craig County; Preston S. Davis, Judge. Action by J. L. Courtney against A. H. Gibson and another. Judgment for defendants, and plaintiff brings error. This action was brought prior to statehood in the United States Court for the Northern District of the Indian Territory, and resulted in that court in a judgment for plaintiff, which was reversed on appeal by the Court of Appeals for the Indian Territory, in Barbies v. Courtney, 6 Ind.
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Error from District Court, Craig County; Preston S. Davis, Judge. Action by J. L. Courtney against A. H. Gibson and another. Judgment for defendants, and plaintiff brings error. This action was brought prior to statehood in the United States Court for the Northern District of the Indian Territory, and resulted in that court in a judgment for plaintiff, which was reversed on appeal by the Court of Appeals for the Indian Territory, in Barbies v. Courtney, 6 Ind. T. 379, 98 S. W.. 133, and the case remanded for a new trial. Prior to the new trial, statehood intervened, and the case was -properly…
1Opinion of the Court
Opinion by
DEVEREUX, C.
(after stating the facts as above). We have carefully examined the record in this case, and the report of the same case when heard by the Court of Appeals for the Indian Territory, and the evidence appears to be substantially the same. In fact, by stipulation of the parties, a large part of the evidence on this trial was read from the bill of exceptions on the former appeal. This being the condition of the record, the law of the case was settled by the decision of the Court of Appeals for the Indian Territory.
In Sovereign Camp of Woodmen of the World v. Bridges, 37 Okla.…
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