Merrill v. Martin
Court Of Appeals Of Indian Territory
Appeal from the United States court for the Northern district. William M. Springer, Judge. Action by Katy Martin, for herself and her two minor children and others, against Charles Merrill, defendant, and John Weaver, intervener. Judgment for plaintiffs. Defendant and intervener appeal.
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Appeal from the United States court for the Northern district. William M. Springer, Judge. Action by Katy Martin, for herself and her two minor children and others, against Charles Merrill, defendant, and John Weaver, intervener. Judgment for plaintiffs. Defendant and intervener appeal. On January 18, 1896, appellee Kate Martin, for herself and as next friend for her two minor children, filed a suit in ejectment against the appellant Charles Merrill to recover possession of the premises named in the complaint. On February 8, 1896, defendant Merrill filed his answer to the complaint, which,…
1Opinion of the CourtClayton, J.
The defendant Charles Merrill, after his answer was stricken from the files, made no further appearance in the suit, permitted judgment by default to go against him. and saved no exceptions until, at a subsequent term, he moved to have the judgment by défault set aside on the ground that the complaint is insufficient to support a judgment by default. The complaint avers a legal estate in the plaintiffs, and that they are entitled to possession, and that defendant Merrill is in unlawful possession of the premises. No deeds or other muniments of title are filed with the complaint. That the…
2Cases cited4 opinions
- Ball v. Fulton CountySupreme Court of Arkansas · 1876
- Kearney v. MooseSupreme Court of Arkansas · 1881
- Fagg v. MartinSupreme Court of Arkansas · 1890
- Henry v. BlackburnSupreme Court of Arkansas · 1877
3Cited by2 opinions
- Leforce v. HaymesSupreme Court of Oklahoma · 1909
- Kenoly v. HawleySupreme Court of Oklahoma · 1921