International Land Co. v. Marshall
Supreme Court of Oklahoma
Appeal from the United States Court for the Western District of the Indian Territory. Action by Joseph Marshall,.by his next friend, Jeff Marshall, against the International Land Company. Judgment for plaintiff, and defendant appealed to the United States Court of Appeals of the Indian Territory, whence the cause was transferred to the Supreme Court of the state of Oklahoma.
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Appeal from the United States Court for the Western District of the Indian Territory. Action by Joseph Marshall,.by his next friend, Jeff Marshall, against the International Land Company. Judgment for plaintiff, and defendant appealed to the United States Court of Appeals of the Indian Territory, whence the cause was transferred to the Supreme Court of the state of Oklahoma. On the 3'9th day of December, A. D. 1905, the appellee, a minor, by his next friend, Jeff Marshall, as plaintiff, instituted this action in the United States court for the Western district of Indian Territory, at…
1Opinion of the CourtWilliaMS, C. J.
(after stating the facts as above). Two principles settled by the great weight of authority respecting the contracts and liabilities of infants, apparently not antagonistic, abstractly stated, in practical application, produce .two conflicting lines of adjudications: (1) The contracts of infants, when not for necessaries, impose nothing but voidable liabilities; (2') Infancy being in law a shield, and not a sword, cannot be pleaded to avoid liability for frauds, trespasses, or torts. To reconcile same, or, rather, to determine properly where one begins and the other ends, is not without…
2Cases cited28 opinions
- Williamson v. JonesWest Virginia Supreme Court · 1897
- Badger v. PhinneyMassachusetts Supreme Judicial Court · 1819
- Craig v. Van BebberSupreme Court of Missouri · 1890
- Kilgore v. JordanTexas Supreme Court · 1856
- McCarthy v. NicrosiSupreme Court of Alabama · 1882
23 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Myers v. Hurley Motor Co.Supreme Court of the United States · 1927
- McNeal v. McKainSupreme Court of Oklahoma · 1912
- New Domain Oil & Gas Co. v. McKinneyCourt of Appeals of Kentucky · 1920
- Ohio Oil Co. v. SharpCourt of Appeals for the Tenth Circuit · 1943
- Carlile v. National Oil & Development Co.Supreme Court of Oklahoma · 1921
19 more not listed; retrieve them via the Exa API.