Ellis v. Outler
Supreme Court of Oklahoma
Action by J. B. Outler and others against Theodore H. Ellis and others. Judgment for plaintiffs, and defendants bring error. Citing: Moses on Mandamus, p. 225; State v. King, 29 Kan. 607; State ex rel. v. Board, 22 Wis. 396.
1Opinion of the CourtDunn, J.
Counsel for defendants in error filed no brief in this case, and have given no reason for their failure to do so, although the brief off counsel for plaintiffs in error was prepared, printed and duly served upon them. Under these circumstances this court is' not required to look to the record to ascertain upon what possible theory the judgment of the trial court might be sustained, but will exercise the option given it under rule 7 (20 Okla. viii, 95 Pac. vi). The claim of counsel for .plaintiffs in error in his brief that no service of the writ of mandamus issued herein was made upon his…
2Cases cited7 opinions
- Board of Commissioners of Clarke Co. v. State, ex rel. LewisIndiana Supreme Court · 1878
- Potts v. State ex rel. OggIndiana Supreme Court · 1881
- Parker v. Territory Ex Rel. BostickSupreme Court of Oklahoma · 1908
- Harman v. BurtSupreme Court of Oklahoma · 1908
- Hempstead v. Underhill's HeirsSupreme Court of Arkansas · 1859
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3Cited by123 opinions
- School District No. 39, Pottawatomie County v. SheltonSupreme Court of Oklahoma · 1910
- Buckner v. Oklahoma National Bank of ShawneeSupreme Court of Oklahoma · 1910
- Reeves & Co. v. BrennanSupreme Court of Oklahoma · 1910
- A. F. Sharpleigh Hardware Co. v. PritchardSupreme Court of Oklahoma · 1910
- Villines v. ReynoldsSupreme Court of Oklahoma · 1924
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