Ellis v. Fitzpatrick
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Southern District. Hosea Townsend, Judge. Action by Theo. Fitzpatrick against J. P. Ellis. Judgment in favor of plaintiff. Defendant appeals, This is an action of unlawful detainer brought on the 7th day of July, 1898, for the possession of lot No. 3 in block No. 46, situated in the town of Chickasaw, in the Indian Territory.
Read the full summary
Appeal from the United States Court for the Southern District. Hosea Townsend, Judge. Action by Theo. Fitzpatrick against J. P. Ellis. Judgment in favor of plaintiff. Defendant appeals, This is an action of unlawful detainer brought on the 7th day of July, 1898, for the possession of lot No. 3 in block No. 46, situated in the town of Chickasaw, in the Indian Territory. The amended complaint, upon which the case was tried, alleged an express rental contract between the parties, running from month to month; that appellant had failed to pay rent when due, and was at the time of the institution…
1Opinion of the CourtClayton, J.
There are five specifications of error in appellant’s assignment, but the grounds upon which error is assigned in all of them are embraced in the first two, to wit: “First, in overruling appellant’s demurrer to appellee’s complaint; second, in overruling appellant’s motion for a change of venue, and in refusing to make an order absolute granting said change of venue.” The demurrer is as follows: ‘ ‘Now comes the defendant in the above cause, and demurs *659to plaintiff’s complaint, and says that the saméis insufficient in law. And for special demurrer defendants say said complaint is defective:…
2Cases cited5 opinions
- Jackson v. StateSupreme Court of Arkansas · 1891
- Buckner v. WarrenSupreme Court of Arkansas · 1883
- Wilson v. OwensCourt of Appeals for the Eighth Circuit · 1898
- G. W. Walker Trading Co. v. Grady Trading Co.Court Of Appeals Of Indian Territory · 1897
- Kelly v. JohnsonCourt Of Appeals Of Indian Territory · 1897
3Cited by7 opinions
- Johnson v. RiddleSupreme Court of the United States · 1916
- Johnson v. RiddleSupreme Court of Oklahoma · 1914
- Ellis v. FitzpatrickCourt of Appeals for the Eighth Circuit · 1902
- Continental Gin Co. v. De BordSupreme Court of Oklahoma · 1915
- Fraer v. WashingtonCourt of Appeals for the Eighth Circuit · 1903
2 more not listed; retrieve them via the Exa API.