Biendorf v. Thorpe
Supreme Court of Oklahoma
Error from District Court, Caddo County; Will Linn, Judge. Action by Charles Biendorf against Pearl O. Thorpe and others. Cause dismissed by trial court upon exhaustion of costs deposit. Motion by plaintiff to reinstate cause overruled, and he brings error.
1Opinion of the CourtMcNEILL, J.
This suit was instituted in the district court of Caddo county by Charles Biendorf, against Pearl O. Thorpe, Mayme Wyatt and Pearl O. Thorpe, as adminis-tratrix of the estate of Hiram T. Dayton, deceased, seeking to have the plaintiff declared the owner of certain lands and to have a certain deed and contract declared a mortgage and for an accounting. After the suit was filed numerous motions and demurrers were filed, and on September 20. 1918, while the case was pending upon certain motions filed by the defendants, the clerk of the district court, in the absence of plaintiff and his…
2Cases cited2 opinions
- Deninger Et Ux. v. GossomSupreme Court of Oklahoma · 1915
- Whitsett v. BlumenthalSupreme Court of Missouri · 1876
3Cited by1 opinion
- Beindorf v. ThorpeSupreme Court of Oklahoma · 1927