D. M. Osborne & Co. v. Hughey
Supreme Court of Oklahoma
Error from the. Probate Court of Woods County; before Jeff Bower, Trial Judge. STATEMENT OR FACTS. On the first dav of July, 1903, the plaintiff in error, D. M. Osborne and Company, recovered a judgment against E. Hughey, one of the defendants in error, in the probate court of Woods county, Oklahoma Territory, for the sum of $383 and costs, and on the same day plaintiff in error caused an execution to issue out of said court based upon the said judgment.
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Error from the. Probate Court of Woods County; before Jeff Bower, Trial Judge. STATEMENT OR FACTS. On the first dav of July, 1903, the plaintiff in error, D. M. Osborne and Company, recovered a judgment against E. Hughey, one of the defendants in error, in the probate court of Woods county, Oklahoma Territory, for the sum of $383 and costs, and on the same day plaintiff in error caused an execution to issue out of said court based upon the said judgment. On the 16th day of July, 1903, the sheriff of Woods county made his return, showing that under and by virtue of the said execution, he had…
1Opinion of the Court
Opinion of the court by
Irwin, J.:
The first error assigned by plaintiff fin error is, that the court had no jurisdiction to try the motion. We think this assignment of error is not well taken, as we take it to be a proposition of law too well settled to require the citation of authorities, that every court has the inherent power to control its own process, and whenever it is apparent from the return of an officer, on an execution issued out of any.court, that the plain.provisions of the law have been disregarded, and that such levy is in violation of the statutes, authorizing the issuing and…
2Cases cited1 opinion
- Moore v. CalvertSupreme Court of Oklahoma · 1899
3Cited by7 opinions
- Hinds v. Atlas Acceptance CorporationSupreme Court of Oklahoma · 1936
- Barnett v. BohannonSupreme Court of Oklahoma · 1910
- First Nat. Bank of Drumright v. KnightSupreme Court of Oklahoma · 1927
- Sautbine v. United States Cities Corp.Supreme Court of Oklahoma · 1926
- Beatrice Creamery Co. v. GoldenSupreme Court of Oklahoma · 1928
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