Swinney v. Kelley
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Southern District. Hosea TowNsend, Judge. Action by L. A. Swinney and others against T. B. Kelley and others. From a judgment in favor of plaintiffs granting insufficient relief, they appeal. This is an action of forcible entry and detainer, brought by the appellants against the appellees to -recover possession of certain premises described in the complaint.
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Appeal from the United States Court for the Southern District. Hosea TowNsend, Judge. Action by L. A. Swinney and others against T. B. Kelley and others. From a judgment in favor of plaintiffs granting insufficient relief, they appeal. This is an action of forcible entry and detainer, brought by the appellants against the appellees to -recover possession of certain premises described in the complaint. The suit was filed by appellants in the lower court on February 12, 1900, affidavit for writ of possession filed the same day, and thereupon writ of possession and summons duly issued, returned…
1Opinion of the CourtGill, C. J.
Specifications of error with slight difference in verbiage follow seriatim the grounds for motion for new trial filed in said case. The only one of the specifications of error presented to the court by appellants and urged to the court’s attention are found in the fifth specification of error: “That *21the court erred in not allowing plaintiffs damages as found by tbe master,” and in the sixth specification: “The court erred in refusing to impanel the jury at the plaintiffs' request, and in refusing to grant a writ of inquiry to assess plaintiffs’ damages for the year 1900;” and the seventh:…
2Cited by1 opinion
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