Ziska v. Avey
Supreme Court of Oklahoma
Error from District Court, Oklahoma County; George W. Clark, Judge. An action by Newton Avey and another against Frank R. Ziska and others. Judgment for plaintiffs, and defendant Ziska brings error. On August 8, 1906, Newton Avey and Mary E. Overholser brought suit in the district court of Oklahoma county against Frank R. Ziska and the unknown heirs and devisees of Frank R. Ziska, deceased.
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Error from District Court, Oklahoma County; George W. Clark, Judge. An action by Newton Avey and another against Frank R. Ziska and others. Judgment for plaintiffs, and defendant Ziska brings error. On August 8, 1906, Newton Avey and Mary E. Overholser brought suit in the district court of Oklahoma county against Frank R. Ziska and the unknown heirs and devisees of Frank R. Ziska, deceased. The petition charged that they were the owners in fee simple and in actual possession of lot 19, block 34, in the city of Oklahoma City, and that the defendants claim an interest therein adverse to the…
1Opinion of the Court
Opinion by
SHARP, C.
(after stating the facts as above). The motion to vacate the judgment of October 23, 1906, may be construed under two heads: First, that the court did not have jurisdiction of the defendant; second, that the petition did not state a cause of action.
We shall discuss the second proposition first. In Rogers v. McCord-Collins Merc. Co., 19 Okla. 115, 91 Pac. 864, it was urged that the judgment was rendered without testimony; also, that the petition was -not subscribed by the plaintiff in error, and for this reason the court erred in rendering judgment; also, that service was…
2Cases cited35 opinions
- Henderson v. Carbondale Coal & Coke Co.Supreme Court of the United States · 1891
- Castro v. BarryCalifornia Supreme Court · 1889
- Ely v. New Mexico & Arizona RailroadSupreme Court of the United States · 1889
- Burdette v. CorganSupreme Court of Kansas · 1881
- Adler v. SullivanSupreme Court of Alabama · 1896
30 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Stolfa v. GainesSupreme Court of Oklahoma · 1929
- Chicago, R. I. & P. R. Co. v. AustinSupreme Court of Oklahoma · 1916
- McDuffie v. Geiser Mfg. Co.Supreme Court of Oklahoma · 1913
- Morgan v. KarcherSupreme Court of Oklahoma · 1921
- Oklahoma Railway Co. v. BoydSupreme Court of Oklahoma · 1929
43 more not listed; retrieve them via the Exa API.