Davis v. Mimey
Supreme Court of Oklahoma
Error from District Court, Seminole County ; Tom D. McKeown, Judge. Action by Mimey against J. O. Davis, Mal-com Henry and Bob Owens. There was a judgment for plaintiff,, and defendants appeal. The parties will be designated as in the trial court. One Mimey, a Seminole Indian woman, instituted this action against the defendants in the district court of Seminole county.
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Error from District Court, Seminole County ; Tom D. McKeown, Judge. Action by Mimey against J. O. Davis, Mal-com Henry and Bob Owens. There was a judgment for plaintiff,, and defendants appeal. The parties will be designated as in the trial court. One Mimey, a Seminole Indian woman, instituted this action against the defendants in the district court of Seminole county. Her petition embraced two counts; the first being an action in ejectment for the possession of a certain tract of land and for damages for its detention, and the second count being an action for the cancellation of a deed to…
1Opinion of the Court
Opinion by
MATHEW'S, O.
(after stating-the facts as above). The first assignment of error to be considered is the ruling of the court in permitting the plaintiff to withdraw her dismissal filed on October 3, 1913. It has been held by the court that section 5126, Revised Laws 1910, gives the plaintiff' the right, upon the payment of costs, to dismiss his action at any time before a petition of intervention- or answer, praying for-affirmative relief against him, has been filed. While the clerk should make some-record of the dismissal when the same is filed by the plaintiff, yet the mere filing…
2Cases cited16 opinions
- Heckman v. United StatesSupreme Court of the United States · 1912
- Prout v. StarrSupreme Court of the United States · 1903
- J. M. Hamilton & Co. v. PrescottTexas Supreme Court · 1889
- Austin v. ApplingSupreme Court of Georgia · 1891
- Louisville, New Albany & Chicago R. W. Co. v. TreadwayIndiana Supreme Court · 1895
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3Cited by9 opinions
- In Re Initiative Petitions Nos. 112 to 118Supreme Court of Oklahoma · 1932
- Allen v. AllenSupreme Court of Oklahoma · 1922
- State Ex Rel. Crickett v. PitchfordSupreme Court of Oklahoma · 1918
- Hawk v. Texas & Oklahoma Stages, Inc.Supreme Court of Oklahoma · 1941
- Huddleston v. Texas Co.Supreme Court of Oklahoma · 1936
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