Weaver v. Kuchler
Supreme Court of Oklahoma
Error from the District Court of Kay County; before Bayard T. Kainer, Trial Judge. STATEMENT OE FACTS. Action by Jolin E. Weaver against Henry Kuchler and Amelia Kuchler to abate a nuisance. Plaintiff secured a temporary restraining order in the probate court, which upon a motion to dissolve in the district court was modified. Erom the order and judgment of modification, plaintiff appeals.
Read the full summary
Error from the District Court of Kay County; before Bayard T. Kainer, Trial Judge. STATEMENT OE FACTS. Action by Jolin E. Weaver against Henry Kuchler and Amelia Kuchler to abate a nuisance. Plaintiff secured a temporary restraining order in the probate court, which upon a motion to dissolve in the district court was modified. Erom the order and judgment of modification, plaintiff appeals. In the fall of 1900 the defendants leased three acres of land on the south half of the southeast quarter of the northeast quarter of section 2$, in township 28, north of range 2, east I. M., in Kay county,…
1Opinion of the Court
Opinion of the court by
Garber, J.:
It is here contended that the order and judgment of the district court modifying the temporary order of injunction should be set aside and reversed for two reasons: First: That the court committed prejudicial error in not passing on the sufficiency on the part of plaintiff’s petition demurred to by the defendants before the motion to dissolve the temporary writ was heard.
The record shows that the attention of the trial court was never called to the demurrer on file; that both parties announced ready for trial without objection, and the court proceeded to hear…
2Cases cited6 opinions
- Bushnell v. Robeson & Co.Supreme Court of Iowa · 1883
- Shiras v. OlingerSupreme Court of Iowa · 1879
- City of Fresno v. Fresno Canal & Irrigation Co.California Supreme Court · 1893
- Seifried v. HaysCourt of Appeals of Kentucky · 1883
- Pennsylvania Co. v. BondAppellate Court of Illinois · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Kenyon v. Edmundson, Adm'rSupreme Court of Oklahoma · 1920
- Morrison v. BrownSupreme Court of Oklahoma · 1910
- Mackenzie v. Frank M. Pauli Co.Michigan Supreme Court · 1919
- Clinton Cemetery Ass'n v. McAtteeSupreme Court of Oklahoma · 1910
- Citizens' State Bank of Ft. Gibson v. StrahanSupreme Court of Oklahoma · 1917
8 more not listed; retrieve them via the Exa API.