Legal Opinion

Watkins v. Havighorst

Supreme Court of Oklahoma

Decided September 9, 1903PublishedCited by 15 opinions

Error from the District Court of Logan County; before Jno. H. Burford, Trial Judge. STATEMENT OE FACTS. This is a ease where plaintiff in error -took an appeal to. the district court from the action of the county surveyor in surveying and laying out the division line between his land and that of the defendant, John H. Havighorst, defendant in error here.

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Error from the District Court of Logan County; before Jno. H. Burford, Trial Judge. STATEMENT OE FACTS. This is a ease where plaintiff in error -took an appeal to. the district court from the action of the county surveyor in surveying and laying out the division line between his land and that of the defendant, John H. Havighorst, defendant in error here. Upon the trial in the district court, plaintiff in error demanded a jury, which was denied, and a trial was had before the court. On the completion of the evidence of plaintiff in error, the defendant in error demurred to said evidence, which…

1Opinion of the Court

Opinion of the court by

InwiN, J.:

The only assignment of error which seems to be insisted upon in plaintiff in error’s brief, is that the court erred in sustaining the demurrer to plaintiff’s evidence. In the case of the Board of Education v. Boyer, 5th, Okla. 225, this court lays down this rule:

“The law presumes the validity and regularity of the official acts of public officers within the line of their official duty, as it does the legality of the acts of private persons; and this presumption obtains until overcome by proof, as to all acts involving the performance of ministerial or…

2Cases cited2 opinions

  1. Findley v. McCormickIndiana Supreme Court · 1875
  2. Lasater & Noble v. GreenSupreme Court of Oklahoma · 1900

3Cited by15 opinions

  1. In Re Initiative Petition No. 23, State Question No. 38Supreme Court of Oklahoma · 1912
  2. Applestein v. Mayor of BaltimoreCourt of Appeals of Maryland · 1928
  3. Smith v. Citizens Nat. Bank in OkmulgeeSupreme Court of Oklahoma · 1951
  4. School Dist. No. 17, Rogers County v. Eaton, Co.Supreme Court of Oklahoma · 1924
  5. Moppin v. NortonSupreme Court of Oklahoma · 1914

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