Riley v. Catron
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Southern District. Hosea Townsend, Judge. Action by W. B. Riley against C. B. Catron and others. Judgment for defendants. Plaintiff appeals. This is an action of forcible entry and detainer brought by appellant against the appellees for the 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 W. B. Riley against C. B. Catron and others. Judgment for defendants. Plaintiff appeals. This is an action of forcible entry and detainer brought by appellant against the appellees for the possession of certain premises described in the complaint. Complaint and affidavit were filed by appellantin the lower court on February 11, 1901; the complaint stating, in substance, that the plaintiff was, on the 4th day of January, 1901, in the actual and peacable possession of a certain tract of land,…
1Opinion of the CourtGill, C. J.
Appellant as his first assignment of error, says: “ (1) The court erred in not giving peremptory instructions for the plaintiff as requested.” The court certainly committed no error in .refusing to give the jury a peremptory instruction for plaintiff, as the evidence upon the trial in this case nowhere warrants such an instruction, as will be seen from the following testimony of the plaintiff, who testified in his own behalf as follows: “Cross-examination by Mr. McClure (attorney for defendants): Q. Mr. Riley, hadn't'you and Mr. Catron been living together in the same house out there for more…
2Cases cited2 opinions
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