Barnard v. Douglass-Whaley Grocery Co.
Supreme Court of Oklahoma
Error from Pontotoc County Court; Joel Terrell, Judge. Action by the Douglass-Whaley Grocery Company against J. A. Barnard and another before a justice. Judgment for plaintiff, and defendant Barnard appealed to the county court. From an order dismissing that appeal, he brings error.
1Opinion of the CourtKane, J.
A judgment was rendered against two defendants in a cause tried before a justice of the peace. One of the defendants appealed to the county court in his own name, without joining the other. The appeal was dismissed by the county court, upon the- ground that the county court was without jurisdiction to entertain the appeal, because the appellant did not make his codefendant a party thereto, and this proceeding in error was commenced to review said action below.
The judgment of the court below must be reversed. The Constitution (sections 14 and 15 of article 7) provides:
“Until otherwise provided…
2Cases cited5 opinions
- Strange v. CrismonSupreme Court of Oklahoma · 1908
- C. E. Slayton & Co. v. HorseyTexas Supreme Court · 1904
- Dallas Rapid Transit Railway Co. v. ElliottCourt of Appeals of Texas · 1894
- Brown v. YatesSupreme Court of Oklahoma · 1909
- Lewellyn v. EllisTexas Supreme Court · 1909
3Cited by5 opinions
- Davis v. NortonSupreme Court of Oklahoma · 1913
- Huls v. JanewaySupreme Court of Oklahoma · 1914
- Johnson v. StovalSupreme Court of Oklahoma · 1914
- Kanaga v. LahrSupreme Court of Oklahoma · 1914
- St. Louis S. F. R. Co. v. HensonSupreme Court of Oklahoma · 1914