Apple v. Ellis
Supreme Court of Oklahoma
Error from County Court, Carter County; H. C. Potterf, Special Judge. Action by A. G. Ellis against S. A. Apple and James A. Cother'. Judgment for plaintiff, and defendants bring error. This action was commenced in the county court of Carter county on the 13th day of December, 1909, by the defendant in error against plaintiffs in error, to recover upon a promissory note in the sum of $435, interest, and attorney’s fees.
Read the full summary
Error from County Court, Carter County; H. C. Potterf, Special Judge. Action by A. G. Ellis against S. A. Apple and James A. Cother'. Judgment for plaintiff, and defendants bring error. This action was commenced in the county court of Carter county on the 13th day of December, 1909, by the defendant in error against plaintiffs in error, to recover upon a promissory note in the sum of $435, interest, and attorney’s fees. For convenience, the parties will be designated as they were in the trial court. There is nothing in the record as to what was done in the case from its commencement in 1909…
1Opinion of the Court
Opinion by
COLLIER, C.
(after stating the facts as above). Section 5813, Rev. Laws 1910, provides that in any civil case in any court of record of this state, if the presiding judge for any legal cause shall be incompetent or disqualified to try, hear, or render judgment in such cause, the parties or their atorneys of rec'ord may agree upon some member of the bar of the county, if it be in the county or superior court, to act as special judge to hear and decide, and render judgment in the case in the same manner and to the same effect as such disqualified judge could have rendered, but for his…
2Cases cited10 opinions
- In Re PatswaldSupreme Court of Oklahoma · 1897
- Fordyce v. State ex rel. KelleherWisconsin Supreme Court · 1902
- Brinkley v. HarkinsTexas Supreme Court · 1877
- Dodd v. StateCourt of Criminal Appeals of Oklahoma · 1911
- City of Shawnee v. FarrellSupreme Court of Oklahoma · 1908
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Kelly v. RoetzelSupreme Court of Oklahoma · 1917
- Bennett v. StateCourt of Criminal Appeals of Oklahoma · 1922
- McBride v. FooteSupreme Court of Oklahoma · 1917
- Kane v. FergusonSupreme Court of Oklahoma · 1945
- Dodd v. DoddSupreme Court of Oklahoma · 1959
1 more not listed; retrieve them via the Exa API.