Legal Opinion

A., T. & S. F. Ry. Co. v. McFarland

Supreme Court of Oklahoma

Decided January 9, 1912No. 1426PublishedCited by 5 opinions

Error from District Court, Kay County; W. M. Bozales, Judge. Action by C. McFarland, G. McFarland, and H. Stauffacher, partners doing business under the name of McFarland & -Stauffacher Grain Company, plaintiffs below, defendants in error, against the Atchison, Topeka & Santa Fe Railway Company, defendant below, plaintiff in error, for damages for delay in the shipment of corn. Judgment for plaintiffs, and defendant brings error.

1Opinion of the Court

Opinion by

AMES, C.

This case originated in 1909 in a justice court in Kay county, where the plaintiff secured judgment. The defendant, in September, 1909, appealed to the district court of' Kay county, which, on motion of plaintiffs, dismissed the appeal for want of jurisdiction, and this ruling presents the only error which is assigned here.

Since the appeal in this case, it has been determined by the' decisions of this court that such an appeal does not lie to the district court, but to the county court. Holcomb v Chicago, Rock Island & Pacific Railway Co., 27 Okla. 667, 112 Pac. 1023; Burt…

2Cases cited5 opinions

  1. Holcomb v. Chicago, R. I. & P. Ry. Co.Supreme Court of Oklahoma · 1910
  2. Farmers' Mill & Elevator Co. v. LewisSupreme Court of Oklahoma · 1911
  3. Graham Paper Co. v. Bartlesville Publishing Co.Supreme Court of Oklahoma · 1911
  4. Burt v. ThompsonSupreme Court of Oklahoma · 1911
  5. Julius Spiro & Co. v. BibbSupreme Court of Oklahoma · 1911

3Cited by5 opinions

  1. Ray v. HarrisonSupreme Court of Oklahoma · 1912
  2. Cox v. WarfordSupreme Court of Oklahoma · 1912
  3. Boorigie v. CampSupreme Court of Oklahoma · 1914
  4. Chicago, R. I. & P. Ry. Co. v. ToneySupreme Court of Oklahoma · 1912
  5. Opinion No. 68-297 (1969) Ag, Oklahoma Attorney General Reports1969

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