Cummings v. Lobsitz
Supreme Court of Oklahoma
Error from District Court, Noble County; W. M. Bowles, Judge. Action by James J. Cummings against James Lobsitz and the City of Perry, a municipal corporation. Judgment for defendants, and plaintiff brings error. In the year 1909 James J. Cummings, plaintiff in error, who was plaintiff below, owned a frame building on lot 11 in block B, in the city of Perry, Olcla., and during the same year the city of Perry, a municipal corporation, removed said building.
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Error from District Court, Noble County; W. M. Bowles, Judge. Action by James J. Cummings against James Lobsitz and the City of Perry, a municipal corporation. Judgment for defendants, and plaintiff brings error. In the year 1909 James J. Cummings, plaintiff in error, who was plaintiff below, owned a frame building on lot 11 in block B, in the city of Perry, Olcla., and during the same year the city of Perry, a municipal corporation, removed said building. On February 16, 1910, the plaintiff instituted suit against the city of Perry, a municipal corporation, and James Lobsitz, to recover $550…
1Opinion of the Court
Opinion b)r
RITTENHOUSE, C.
(after stating the facts as above). It is the duty of a municipal corporation to abate public nuisances, and it is well settled that a municipal corporation has, at common law, the power to cause the abatement of such nuisances, and if it cannot otherwise be abated, to destroy the thing which constitutes the nuisance. This authority has been given to municipal corporations from the earliest days of the common law down to the present time. Beach on'Public Corporations, sec. 1022; Baumgartner v. Hasty, 100 Ind. 575, 50 Am. Rep. 830, and cases cited. Not only can…
2Cases cited24 opinions
- First National Bank v. SarllsIndiana Supreme Court · 1891
- Baumgartner v. HastyIndiana Supreme Court · 1885
- Glaser v. GlaserSupreme Court of Oklahoma · 1903
- Trammell v. Town of RussellvilleSupreme Court of Arkansas · 1879
- Standard Life & Accident Insurance v. DavisSupreme Court of Kansas · 1898
19 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Oklahoma City v. FosterSupreme Court of Oklahoma · 1926
- City of Shawnee v. RoushSupreme Court of Oklahoma · 1923
- Consolidated School District No. 1 v. WrightSupreme Court of Oklahoma · 1927
- Spaur v. City of PawhuskaSupreme Court of Oklahoma · 1935
- Frost v. Ponca CitySupreme Court of Oklahoma · 1975
10 more not listed; retrieve them via the Exa API.