Wellsville Oil Co. v. Miller
Supreme Court of Oklahoma
Error from District Court, Rogers County; T. L. Brown, Judge. Action by the Wellsville Oil Company against Martha Miller and others. From an order directing the payment of money deposited in court to the defendants after judgment had been affirmed on plaintiff’s appeal, the plaintiff brings error. This is the second appeal between the same parties, involving the same subject-matter.
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Error from District Court, Rogers County; T. L. Brown, Judge. Action by the Wellsville Oil Company against Martha Miller and others. From an order directing the payment of money deposited in court to the defendants after judgment had been affirmed on plaintiff’s appeal, the plaintiff brings error. This is the second appeal between the same parties, involving the same subject-matter. The first appeal was from a judgment of the district court of Rogers county, sustaining a demurrer to the petition filed herein, upon the ground that the petition failed to state a cause of action. Plaintiff in…
1Opinion of the Court
Opinion by
COLLIER, C.
(after stating the facts as above). The only question now before the court is upon said motion to dismiss this appeal. Plaintiff is in possession of the land involved in this controversy, and the judgment complained of by this appeal does not award any judgment or process by which said possession can be affected, and hence the statement in said journal entry “that Martha Miller is the owner of the real estate and entitled to possession, subject to the rights of the Alpha Oil Company,” is not germane to any action which the court should have taken in carrying into effect…
2Cases cited8 opinions
- City of El Reno v. Cleveland-Trinidad Paving Co.Supreme Court of Oklahoma · 1910
- St. Louis S. F. R. Co. v. Hardy, District JudgeSupreme Court of Oklahoma · 1915
- Pettis Et Ux. v. McLainSupreme Court of Oklahoma · 1908
- Rock Island Coal Mining Co. v. DavisSupreme Court of Oklahoma · 1914
- Johnson v. St. Paul City Railway Co.Supreme Court of Minnesota · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- McMinn v. City of Oklahoma CitySupreme Court of Oklahoma · 1997
- Matter of Estate of SevernsSupreme Court of Oklahoma · 1982
- Atlantic-Pacific Oil Co. v. Gas Development Co.Montana Supreme Court · 1937
- STATE ex rel. PRUITT v. NATIVE WHOLESALE SUPPLYSupreme Court of Oklahoma · 2014
- Lamb v. AlexanderSupreme Court of Oklahoma · 1921
10 more not listed; retrieve them via the Exa API.