Morrison v. Atkinson
Supreme Court of Oklahoma
Error from the District Court of Oklahoma County; before B. F. Burwell, Trial Judge. STATEMENT OE EACTS. This was an action originally brought in the probate court of Oklahoma county, from which an appeal was taken by the plaintiff in error to the district court of Oklahoma county.
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Error from the District Court of Oklahoma County; before B. F. Burwell, Trial Judge. STATEMENT OE EACTS. This was an action originally brought in the probate court of Oklahoma county, from which an appeal was taken by the plaintiff in error to the district court of Oklahoma county. In the district court, the plaintiff in error moved the court for judgment in favor of the plaintiff in error, defendant in that court, and against the plaintiff, for the reason that the plaintiff has not compiled with rule 19 of that court. Rule 19, is as follows: “In appeal cases, which under the statute stand…
1Opinion of the Court
Opinion of the court by
Irwin, J.:
But one reason, is assigned as grounds for reversing the order of the court below, to wit: that said order and the rule of said court, requiring that in appeal cases ap pellant shall deposit with the clerk $10.00 to apply on costs, and authorizing the court to dismiss the appeal upon the failure, of appellant to make such deposit, are illegal and void.
The record in this case shows that in the district court this matter came up for hearing upon the motion of the plaintiff in error, who was the defendant in that court. He asks the enforcement of this rule, and…
2Cases cited7 opinions
- Railway Co. v. McCarthySupreme Court of the United States · 1878
- Daniels v. TearneySupreme Court of the United States · 1880
- Everett v. SaltusNew York Supreme Court · 1836
- Davis v. JacobySupreme Court of Minnesota · 1893
- Abbot v. WilburSupreme Court of Louisiana · 1870
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3Cited by9 opinions
- L. P. Larson, Jr., Co. v. Wm. Wrigley, Jr., Co.Court of Appeals for the Seventh Circuit · 1918
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- Miller v. MillerSupreme Court of Oklahoma · 1940
- Antrim Lumber Co. v. WagnerSupreme Court of Oklahoma · 1936
- Baldwin Baker v. Saunders-Gibson Co., Inc.Supreme Court of Oklahoma · 1931
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