Scott v. McGirth
Supreme Court of Oklahoma
Error from District Court, Hughes County; John Cciruthers, Judge. Action by Lena McGirth, by her guardian, Eelix P. Canard, against Evans Scott and Alexander M. Butts. Judgment for plaintiff overruling demurrer, and defendants bring error. The plaintiffs in error filed in the United States Court for the Western District of the Indian Territory, at Wewoka, a will, purporting to be the last will and testament of Mongy McGirth, deceased, who died at Holdenville, Ind.
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Error from District Court, Hughes County; John Cciruthers, Judge. Action by Lena McGirth, by her guardian, Eelix P. Canard, against Evans Scott and Alexander M. Butts. Judgment for plaintiff overruling demurrer, and defendants bring error. The plaintiffs in error filed in the United States Court for the Western District of the Indian Territory, at Wewoka, a will, purporting to be the last will and testament of Mongy McGirth, deceased, who died at Holdenville, Ind. T., on the 17th day of June, 1910, in what is now Hughes county, Okla. The will was probated, and the plaintiffs in error were…
1Opinion of the Court
Opinion by
RITTENHOUSE, C.
(after stating the facts as above). The first question raised by the demurrer is “that the court has no jurisdiction of the subject-matter of the action, in that it affirmatively appears from the face of the petition that the said will was probated in the United States Court for the Western District of the Indian Territory, sitting at Wewoka, Ind. T., and therefore this court has no jurisdiction to try said petition for revocation under the law.” It is argued very extensively that the county court of Hughes county is not the successor of the United States Court for…
2Cases cited14 opinions
- Eaves v. MullenSupreme Court of Oklahoma · 1910
- Maharry v. EatmanSupreme Court of Oklahoma · 1911
- State ex rel. Ruhlman v. RuhlmanIndiana Supreme Court · 1887
- Burdett v. BurdettSupreme Court of Oklahoma · 1910
- Barksdale v. DavisSupreme Court of Alabama · 1896
9 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Welch v. FochtSupreme Court of Oklahoma · 1918
- Cabin Valley Mining Co. v. HallSupreme Court of Oklahoma · 1916
- In Re Widener's EstateSupreme Court of Oklahoma · 1925
- Burton v. ColleySupreme Court of Oklahoma · 1925
- Meyer v. WhiteSupreme Court of Oklahoma · 1920
5 more not listed; retrieve them via the Exa API.