Legal Opinion

Barnes v. Lynch

Supreme Court of Oklahoma

Decided November 7, 1899Published

Error from the District Court of Kay County; On Petition for Rehearing. STATEMENT OE THE CASE. This suit was brought to recover the title to certain lands in Kay county, including the southeast quarter, the southwest quarter, and the northwest quarter of section 27, township 26, range 2, the southeast quarter having originally been, before this controversy began, the property of C. TV.

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Error from the District Court of Kay County; On Petition for Rehearing. STATEMENT OE THE CASE. This suit was brought to recover the title to certain lands in Kay county, including the southeast quarter, the southwest quarter, and the northwest quarter of section 27, township 26, range 2, the southeast quarter having originally been, before this controversy began, the property of C. TV. Broadhead; the south'west quarter the property of the defendant, Lynch, and the northwest quarter having been the property of D. F. Stiles, and by him conveyed to H. C. O. Stiles. The town of Ponca City, or…

1Opinion

This case comes to us from the court of appeals upon an order directing its certification to this court. The proceedings in error were dismissed by the court of appeals. Upon examination of the record we find the order of dismissal was correctly made, within the authority of Railway Co. v. Wright, 53 Kans. 272, 36 Pac. Rep. 331. There is no substantial difference between the two cases, and the order of the court of appeals dismissing the case will be affirmed."

And it is now strongly contended by the defendant in error, that since our Code of Civil Procedure, including the section now under…

2Cases cited19 opinions

  1. Michoud v. GirodSupreme Court of the United States · 1846
  2. Reynes v. DumontSupreme Court of the United States · 1889
  3. Wardell v. Railroad Co.Supreme Court of the United States · 1881
  4. Planters' Bank v. Union BankSupreme Court of the United States · 1873
  5. Marsh v. WhitmoreSupreme Court of the United States · 1874

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