Legal Opinion

Missouri, K. & T. Ry. Co. v. Jones

Supreme Court of Oklahoma

Decided February 6, 1912No. 1108Published

Error from Oklahoma County Court; Sam Hooker, Judge. Action by Paul H. Jones, trustee of the estate of Stebbins. & Kirkes, bankrupts, against the Missouri, Kansas & Texas Railway Company, for the value of two mules, killed by the trains of defendant. Judgment for plaintiff, and defendant brings error. .

1Opinion of the Court

Opinion by

AMES, C.

Motion has been made by the plaintiff in error, hereinafter called the defendant, to dismiss this appeal, because Paul H. Jones, as trustee, is not the real party in interest, his interest having been assigned to one S. C. Vinson, and a like motion has been filed by S. C. Vinson; it being claimed that Vinson has purchased this claim under an order of the court having jurisdiction of the bankruptcy proceedings. These motions are resisted by the defendant in error, hereinafter called the plaintiff, and they are overruled without prejudice to any rights which the parties may…

2Cases cited2 opinions

  1. Harris v. Misssouri, K. & T. Ry. Co.Supreme Court of Oklahoma · 1909
  2. Missouri, K. & T. Ry. Co. v. FordSupreme Court of Oklahoma · 1909

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