Legal Opinion
Atchison, T. & S. F. Ry. Co. v. Fenton
Supreme Court of Oklahoma
Decided April 9, 1912No. 1597PublishedCited by 8 opinions
Error from Kay County Court; Claude Duval, Judge. Action by George S. Fenton against the Atchison, Topeka & Santa Fe Railway Company for the wrongful killing of live stock. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
Opinion by
ROBERTSON, C..This appeal was filed in this court on April 18, 1910. The defendant in error, George S. Fen-ton, died September 10, 1910. No effort to revive has been made by his heirs or by any one else within the year, and his heirs and successors now refuse to consent to a revivor, but, on the contrary, filed a motion on March 1, 1912, to dismiss the proceedings in error. Section 5957, Comp. Laws 1909, reads as follows:
“An order to revive an action against the representatives or successors of a defendant shall not be made without the consent of such representatives or successor,…
2Cases cited3 opinions
- Washington & Idaho Railroad Co. v. Coeur D'Alene Railway & Navigation Co.Idaho Supreme Court · 1889
- Steinbach v. MurphySupreme Court of Kansas · 1904
- Tibbetts v. DeckSupreme Court of Kansas · 1889
3Cited by8 opinions
- First Nat. Bank of Ada v. ElamSupreme Court of Oklahoma · 1927
- Atchison, T. & S. F. Ry. Co. v. FentonSupreme Court of Oklahoma · 1915
- City of Oklahoma City v. WrightSupreme Court of Oklahoma · 1915
- Burgess v. WardSupreme Court of Oklahoma · 1934
- Johnson v. AlexanderSupreme Court of Oklahoma · 1915
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