Hesser v. Johnson
Supreme Court of Oklahoma
Error from the District Court of Payne County; before Jno. II. Burford, Trial Judge. STATEMENT OE FACTS. On the first day of January, 1902, the defendant in error, as plaintiff, filed simultaneously, in justice court, two .suits, and filed two bills of particulars, against the plaintiff in error, J. P. Hesser, as defendant.
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Error from the District Court of Payne County; before Jno. II. Burford, Trial Judge. STATEMENT OE FACTS. On the first day of January, 1902, the defendant in error, as plaintiff, filed simultaneously, in justice court, two .suits, and filed two bills of particulars, against the plaintiff in error, J. P. Hesser, as defendant. One of said actions being for the recovery of one hundred dollars, for the alleged conversion of liquors and cigars seized by the defendant as sheriff, at the home of the plaintiff, under an execution issued in a judgment obtained by Ferdinand Westheimer and Sons against…
1Opinion of the Court
Opinion of the court by
IrwiN, J.:
It' is contended by the plaintiffs in error, that under the terms of the stipulation which was signed by ’ the parties and filed in court, and upon which the plea in bar and to the jurisdiction of the court was tried, as a legal proposition, the plaintiff had but a single cause of action, for ■ which he sought to recover in an amount beyond the jurisdiction of the justice court, and for the express purpose of harassing the defendant with a multiplicity of suits, and attempting to confer jurisdiction which the court did not have. This is the only error relied…
2Cases cited22 opinions
- Bendernagle v. CocksNew York Supreme Court · 1838
- Phillips v. BericicNew York Supreme Court · 1819
- Farrington v. PayneNew York Supreme Court · 1818
- South & North Alabama Railroad v. Henlein & BarrSupreme Court of Alabama · 1876
- Wagstaff v. ChallissSupreme Court of Kansas · 1884
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3Cited by7 opinions
- Kansas City, M. & O. Ry. Co. v. ShuttSupreme Court of Oklahoma · 1909
- Schaff v. CoyleSupreme Court of Oklahoma · 1925
- Gaddis v. WilliamsSupreme Court of Oklahoma · 1921
- Horton v. Prague Nat. BankSupreme Court of Oklahoma · 1916
- Mayerhoff v. WortmanSupreme Court of Oklahoma · 1923
2 more not listed; retrieve them via the Exa API.