Legal Opinion

Holmber v. Will

Supreme Court of Oklahoma

Decided December 7, 1915No. 5173PublishedCited by 4 opinions

Error from, County Court, Harper County; B. C. Krause, 'Judge. Action by James L. Will against Charles Holmberg. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

Opinion by

MATHEWS, C.

The parties will be designated as in the trial court. On a Sunday morning the defendant distrained five head of cattle belonging to plaintiff, upon the ground that the same were trespassing upon his premises and injuring his crops. On the day following the plaintiff instituted this replevin action, alleging therein the essential statutory requirements, and, further, that before replevying said cattle he had offered defendant the sum of $2.50, which covered his entire damage, which defendant had refused to accept or to state the amount of damages claimed. Plaintiff prayed…

2Cases cited14 opinions

  1. Whereatt v. EllisWisconsin Supreme Court · 1886
  2. McFadyen and Brown v. MastersSupreme Court of Oklahoma · 1901
  3. Fletcher v. DaughertyNebraska Supreme Court · 1882
  4. Phoenix Insurance v. OvermanIndiana Court of Appeals · 1899
  5. Stone v. American Nat. BankSupreme Court of Oklahoma · 1912

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

3Cited by4 opinions

  1. Emerson-Brantingham Implement Co. v. RitterSupreme Court of Oklahoma · 1918
  2. Graves v. MayberrySupreme Court of Oklahoma · 1929
  3. Seran v. ParkerSupreme Court of Oklahoma · 1936
  4. Red River Valley Trust Co. v. BoswellSupreme Court of Oklahoma · 1935

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