Legal Opinion

Pettis Et Ux. v. McLain

Supreme Court of Oklahoma

Decided June 24, 1908No. 2054, Okla. TPublishedCited by 23 opinions

Error from District Court, Kingfisher County; before C. F. Irwin, Judge. Action to vacate judgment by Jerry Pettis and wife against J. E. McLain and others. Judgment for defendants, and plaintiffs bring error.

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Error from District Court, Kingfisher County; before C. F. Irwin, Judge. Action to vacate judgment by Jerry Pettis and wife against J. E. McLain and others. Judgment for defendants, and plaintiffs bring error. On the 29th day of July, A. D. 1901, the plaintiffs in error, as plaintiffs, instituted this action against the defendants in error, as defendants, in the court below for the purpose of having vacated a certain decree theretofore rendered in favor of said defendants against said. plaintiffs in the district court of. Kingfisher county, territory of Oklahoma, wherein the said defendants…

1Opinion of the CourtWilliaMS, C. J.

(after stating the facts as above). Where a cause is referred to a referee to find and report the facts and conclusions of law to the court, and no bill of exceptions is allowed and signed by him as referee preserving the evidence, it has been repeatedly held by this court that the question of the sufficiency of the evidence to support the findings of the referee cannot be considered. Howe v. City of Hobart, 18 Okla. 243, 90 Pac. 431; Iralson v. Stang et al., 18 Okla. 423, 90 Pac. 446; Block v. Pearson, 19 Okla. 422, 91 Pac. 715; Wichita Mining & Improvement Co. v. Hale, 20 Okla. 159, 94 Pac.…

2Cases cited5 opinions

  1. Iralson v. StangSupreme Court of Oklahoma · 1907
  2. Block v. PearsonSupreme Court of Oklahoma · 1907
  3. Campbell v. ShermanSupreme Court of Oklahoma · 1908
  4. Wichita Mining & Improvement Co. v. HaleSupreme Court of Oklahoma · 1908
  5. Howe v. City of HobartSupreme Court of Oklahoma · 1907

3Cited by23 opinions

  1. City of El Reno v. Cleveland-Trinidad Paving Co.Supreme Court of Oklahoma · 1910
  2. Pioneer Telephone & Telegraph Co. v. StateSupreme Court of Oklahoma · 1914
  3. Tribal Development Co. v. White Bros.Supreme Court of Oklahoma · 1911
  4. McDuffie v. Geiser Mfg. Co.Supreme Court of Oklahoma · 1913
  5. Corrugated Culvert Co. v. Simpson Tp., McIntosh Cty.Supreme Court of Oklahoma · 1915

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