Legal Opinion

Hope v. Bourland

Supreme Court of Oklahoma

Decided September 9, 1908No. 813, Ind. TPublishedCited by 22 opinions

Error from the United States Gourt for the Southern District of the Indmn Territory, at Ada; Joseph T. Dickerson, Judge. Action by Tom Hope against Frances BonrlancL Judgment for defendant, and plaintiff brought error to the United States Court of Appeals in the Indian Territory, whence the cause was transferred to the Supreme Court of the state of Oklahoma.

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Error from the United States Gourt for the Southern District of the Indmn Territory, at Ada; Joseph T. Dickerson, Judge. Action by Tom Hope against Frances BonrlancL Judgment for defendant, and plaintiff brought error to the United States Court of Appeals in the Indian Territory, whence the cause was transferred to the Supreme Court of the state of Oklahoma. On April 24, 1905, Tom Plope, plaintiff in error, plaintiff below, filed his complaint in equity against Frances Bour-land, defendant in error, defendant below, in the United States Court for the Indian Territory, Southern District, at…

1Opinion of the CourtTurner, J.

(after stating the facts as above.) The question for us to determine is whether or not the court erred in setting aside the report of the special master, and in rendering judgment in accordance with the prayer -of the cross-complaint. This report was more than advisory to the court. It will be observed that the special master by consent was directed “to hear the evidence and decide on the issues between the parties , and make his report to the court, stating Ms finding, both of fact and of law.” Such a reference gives to the finding of fact in this case the same conclusiveness as the verdict…

2Cases cited9 opinions

  1. Kimberly v. ArmsSupreme Court of the United States · 1889
  2. Davis v. SchwartzSupreme Court of the United States · 1895
  3. Hearne v. Marine InsuranceSupreme Court of the United States · 1874
  4. Kountze v. Proprietors of the Morris AqueductSupreme Court of New Jersey · 1896
  5. Greenhaw v. CombsSupreme Court of Arkansas · 1905

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3Cited by22 opinions

  1. Schock v. FishSupreme Court of Oklahoma · 1914
  2. Owen v. City of TulsaSupreme Court of Oklahoma · 1910
  3. Hayden v. DannenbergSupreme Court of Oklahoma · 1914
  4. Gidney v. ChappellSupreme Court of Oklahoma · 1910
  5. Eggstaff v. PhelpsSupreme Court of Oklahoma · 1924

17 more not listed; retrieve them via the Exa API.

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