Legal Opinion

Wheeler v. City of Muskogee

Supreme Court of Oklahoma

Decided January 19, 1915No. 3545PublishedCited by 18 opinions

Error from Superior Court, Muskogee County; A. W. Clapp, Special Judge. Action by B. B. Wheeler against the City of Muskogee. Judgment for defendant, and plaintiff brings error.

1Opinion of the Court

Opinion by

RITTENHOUSE, C.

The first question presented for our consideration is whether article 1, c. 10, Acts 1907-8, was original legislation, or borrowed from the laws of a sister state. It is contended by the plaintiff in error that said section was borrowed from the laws of the State of Missouri, and therefore this court adopted the construction placed thereon by the Supreme Court of that state in the case of Phoenix Brick & Construction Co. v. Gentry County, 257 Mo. 392, 166 S. W. 1034. In this we cannot agree. The First Legislature of Oklahoma adopted, with some slight changes, section…

2Cases cited17 opinions

  1. Union Pacific Railway Co. v. WylerSupreme Court of the United States · 1895
  2. Oklahoma City v. ShieldsSupreme Court of Oklahoma · 1908
  3. Newman v. City of EmporiaSupreme Court of Kansas · 1884
  4. Kerker v. BocherSupreme Court of Oklahoma · 1908
  5. Wahlgren v. City of Kansas CitySupreme Court of Kansas · 1889

12 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Sunlight Carbon Co. v. St. Louis & S. F. R.Court of Appeals for the Eighth Circuit · 1926
  2. Town of Scottsdale v. State ex rel. PickrellArizona Supreme Court · 1965
  3. Midland Valley R. Co. v. RippeSupreme Court of Oklahoma · 1916
  4. Murray v. McGeheeSupreme Court of Oklahoma · 1926
  5. City of Ardmore v. AppollosSupreme Court of Oklahoma · 1916

13 more not listed; retrieve them via the Exa API.

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