Legal Opinion

De Roberts v. Town of Cross

Supreme Court of Oklahoma

Decided May 12, 1909No. 4PublishedCited by 15 opinions

Error from District Court, Kay County; Bayard T. Ilaine/r, Judge. Action by C. De Roberts against the Town of Cross. Judgment' for defendant, and plaintiff brings error. On the 10th day óf February, A. D. 1906, the plaintiff in error as plaintiff began his action in the district court of Kay-county, Oída.

Read the full summary

Error from District Court, Kay County; Bayard T. Ilaine/r, Judge. Action by C. De Roberts against the Town of Cross. Judgment' for defendant, and plaintiff brings error. On the 10th day óf February, A. D. 1906, the plaintiff in error as plaintiff began his action in the district court of Kay-county, Oída. T., against the defendant in error, as defendant, alleging in his petition that the defendant was a public corporation created and existing under the laws of the territory of Oklahoma as a town, and has been and is an auxiliary body corporate, duly organized as a body politic, with authority…

1Opinion of the CourtWilliams, J.

(after stating the facts as above). The questions for determination on this record are as follows:(1) Were several causes improperly joined?(2) Does the petition state facts sufficient to constitute a cause of action?

1. In the ease of De Roberts v. Town of Cross, 15 Okla. 553, 82 Pac. 735, Decided by the. Supreme Court of the territory of Oklahoma September 6, 1905, the syllabus is as follows:

“When bonds are issued by an incorporated town for the purpose of funding outstanding warrant indebtedness, the warrants embraced within such bonds and for the payment of which such bonds are issued…

2Cases cited6 opinions

  1. Stewart's Adm'r v. Stewart's HeirsSupreme Court of Alabama · 1857
  2. Stow v. Bozeman's ExecutorsSupreme Court of Alabama · 1856
  3. Alexander v. ReaSupreme Court of Alabama · 1874
  4. Scruggs v. Driver's ExecutorsSupreme Court of Alabama · 1857
  5. Diggs v. LobsitzSupreme Court of Oklahoma · 1896

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

3Cited by15 opinions

  1. Mathews v. SniggsSupreme Court of Oklahoma · 1919
  2. Citizens' Nat. Bank of Chickasha v. MitchellSupreme Court of Oklahoma · 1909
  3. State Ex Rel. Attorney General v. HustonSupreme Court of Oklahoma · 1910
  4. McKay v. KellySupreme Court of Oklahoma · 1928
  5. Smith v. ColsonSupreme Court of Oklahoma · 1912

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API