Severns v. English
Supreme Court of Oklahoma
Error from the District Court of Comanche County; before Frank E. Gillette, Trial Judge. STATEMENT OE THE CASE. The history of this case is as follows: An action was pending in the district court of Comanche count]^ entitled Broe v. Hale, for an accounting, wherein the title, right of possession, and earnings of certain personal property, including the subject-matter of this suit, to-wit, a certain ditcher, was involved.
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Error from the District Court of Comanche County; before Frank E. Gillette, Trial Judge. STATEMENT OE THE CASE. The history of this case is as follows: An action was pending in the district court of Comanche count]^ entitled Broe v. Hale, for an accounting, wherein the title, right of possession, and earnings of certain personal property, including the subject-matter of this suit, to-wit, a certain ditcher, was involved. The plaintiff was appointed receiver in that action, duly qualified, and was by the court ordered to take possession of said personal property, including the said ditcher. In…
1Opinion of the Court
Opinion of the court by
Irwin, J.:
Fours grounds are alleged by counsel for plaintiff in error for a reversal of this case. They are as follows:
*576. “1. The plaintiff had a plain and adequate remedy at law for the purpose of obtaining possession of the ditcher, namely,by a replevin action, if he was entitled to the possession thereof, and for this reason he had no right to the equitable remedy pursued, namely, by mandatory injunction.
“2. Regardless of the character of his remedj", and even if a remedy existed in equity, still there was no sufficient basis or authority for relief in the case by a…
2Cases cited3 opinions
- In re CohenCalifornia Supreme Court · 1855
- Reaves v. OliverSupreme Court of Oklahoma · 1895
- Maddox v. Tidwell & PopeSupreme Court of Georgia · 1895