Oklahoma City v. McMaster
Supreme Court of the United States
ERROR TO THE SUPREME COURT OP THE TERRITORY OF OKLAHOMA. The facts are stated in the opinion. The so-called findings and judgment of the District Court of Canadian County clearly did not constitute a judgment that could be set up as res judicata. Child v. Morgan, 52 N. W. Rep. 1127; Auld.v. Smith, 23 Kansas, 65; Massing v. Ames, 36 Wisconsin, 409; Taylor v. Runyan, 3 Iowa, 474, 480; Whilewell v. Hoover, 3 Michigan, 84; Lincoln v. Cross, 11 Wisconsin, 94; § 5, 24 Am. & Eng.
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ERROR TO THE SUPREME COURT OP THE TERRITORY OF OKLAHOMA. The facts are stated in the opinion. The so-called findings and judgment of the District Court of Canadian County clearly did not constitute a judgment that could be set up as res judicata. Child v. Morgan, 52 N. W. Rep. 1127; Auld.v. Smith, 23 Kansas, 65; Massing v. Ames, 36 Wisconsin, 409; Taylor v. Runyan, 3 Iowa, 474, 480; Whilewell v. Hoover, 3 Michigan, 84; Lincoln v. Cross, 11 Wisconsin, 94; § 5, 24 Am. & Eng. Ency. of Law, 2d ed., 717; Masterman v. Mastérman, 51 Pac. Pep. 277; Gordon v. Kennedy, 36 Iowa, 167; Talesky v. State…
1Opinion of the CourtJustice Peckham
On the twenty-second day of September, 1899, this action of ejectment was commenced by defendant in error in the District Court of the Third Judicial District of Oklahoma Territory, in' Oklahoma County. It was brought to recover lands situated in "a public street in the city of Oklahoma City. Judgment was entered for the defendant in error for the recovery of the land, and that judgment was affirmed by- the Supreme Court of the Territory, and the plaintiff, in error has brought the case here, both by writ of error and appeal, taking both courses as a precaution, in order to bring the case…
2Cases cited3 opinions
- Springer v. . BienNew York Court of Appeals · 1891
- Deland v. Platte CountySupreme Court of the United States · 1894
- Comstock v. EagletonSupreme Court of the United States · 1905
3Cited by29 opinions
- Winkelman v. General Motors CorporationDistrict Court, S.D. New York · 1942
- Halsell v. RenfrowSupreme Court of the United States · 1906
- Shapiro v. McCarthyMassachusetts Supreme Judicial Court · 1932
- National Live Stock Bank v. First National BankSupreme Court of the United States · 1906
- De Watteville v. SimsSupreme Court of Oklahoma · 1914
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