Harkins v. McPhail
Supreme Court of Oklahoma
Error from District Court, Grady County; Cham Jones, Judge. ' Action by Willis Harkins against Van Me-Phail and others for possession of real estate, for damages for withholding possession of, same, and for rents and profits. Judgment for defendants, and plaintiff brings error.
1Opinion of the CourtKane, J.
The facts alleged in defendants in error’s motion to dismiss are that the purported case-made filed herein and attached to the petition in error was not signed and settled and allowed in the manner provided by law, for the reason that defendants in error did not receive any notice of the time and place of the purported settlement of the case-made, and were not present at the time of such purported settlement; nor was notice of the time and place of settlement waived, or suggestions of amendments to said case-made offered.
These facts are sufficient for dismissal. First National Bank of…
2Cases cited7 opinions
- First Nat. Bank of Collinsville v. DanielsSupreme Court of Oklahoma · 1910
- Southwestern Surety Ins. Co. v. GoingSupreme Court of Oklahoma · 1915
- Wood v. KingSupreme Court of Oklahoma · 1915
- J. K. Cobb & Co. v. HancockSupreme Court of Oklahoma · 1911
- School Dist. No. 18, Creek County v. GriffithSupreme Court of Oklahoma · 1912
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3Cited by2 opinions
- Sterling v. BoucherSupreme Court of Oklahoma · 1920
- Samuel Dodsworth Book Co. v. FulcherSupreme Court of Oklahoma · 1920