Trapp v. Board of Com'rs of Okmulgee County
Supreme Court of Oklahoma
Error from District Court, Okmulgee County; Mark L. Bozarth, Judge. Proceeding in error by M. E. Trapp against the Board of Commissioners of Okmulgee County, State of Oklahoma, A. J. Gill, W. A. Munson, Jr., Harry C. De Vinne, O. F. Dick-enson, W. L. Tipton, G. A. Gifford, H. Wood-ford, and A. F. Boone.
1Opinion of the CourtHiggins, J.
The defendants in error move to dismiss this appeal for the reason that the plaintiff in error was not a party to the suit in the trial court. There is no response to this motion to dismiss.
We find from an examination of the record that the plaintiff in error was not a party or a privy to the original suit when first instituted, neither was he made a party by order of court or otherwise, and that the judgment of the trial court was not against him.
2 R. C. L. 49, states:
“The common law limited the right to sue out a writ of error, or to appeal, to those who were parties or privies to the…
2Cited by7 opinions
- Underside v. LathropSupreme Court of Oklahoma · 1982
- Matter of RichSupreme Court of Oklahoma · 1979
- In Re Guardianship of CampbellSupreme Court of Oklahoma · 1966
- Sarkeys v. INDEPENDENT SCH. DIST. NO. 40, ETC.Supreme Court of Oklahoma · 1979
- Watts v. CampbellSupreme Court of Oklahoma · 1966
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