Smith v. Kirchner
Supreme Court of Oklahoma
Error from the District Gourt of Noble County, before A. GG. Bierer, District Judge. STATEMENT OF FACTS. Action by W. H. Kirchner against J. D. Smith and M, E. Smith. Judgment for plaintiff. Defendants bring error. This was an action begun before a justice of the peace of Noble county to recover the possession of certain real estate under the provisions of article 13 of the Code of Civil Procedure, entitled “Forcible Entry and Detainer.”
Read the full summary
Error from the District Gourt of Noble County, before A. GG. Bierer, District Judge. STATEMENT OF FACTS. Action by W. H. Kirchner against J. D. Smith and M, E. Smith. Judgment for plaintiff. Defendants bring error. This was an action begun before a justice of the peace of Noble county to recover the possession of certain real estate under the provisions of article 13 of the Code of Civil Procedure, entitled “Forcible Entry and Detainer.” At the trial of the case the following contract was introduced in evidence by the plaintiff, the defendant in error here: “This contract, made and entered…
1Opinion of the Court
Opinion of the court by
McAtee, J.:
The provisions of the Code of Civil Procedure which bear upon this case are as follows:
“Sec. 167. Any justice, within his proper county, shall have the power to inquire, in the manner hereinafter directed, as well against those who make unlawful and forcible entry into lands and tenements, and detain the same, as against those who, having a lawful and peaceable entry into lands or tenements, unlawfully and by force hold the same; and if it be found, upon such inquiry, that an unlawful and forcible entry has been made, and that the same lands and tenements are…
2Cases cited4 opinions
- Buenemann v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1884
- Nightingale v. BarensWisconsin Supreme Court · 1879
- Chicago, Burlington & Quincy Railroad v. SkupaNebraska Supreme Court · 1884
- Baker v. RobbinsSupreme Court of Kansas · 1872
3Cited by8 opinions
- Zahn v. ObertSupreme Court of Oklahoma · 1909
- Jones v. SeawellSupreme Court of Oklahoma · 1904
- Dix v. BurkhardSupreme Court of Oklahoma · 1942
- Whale v. PearsonSupreme Court of Oklahoma · 1949
- Bledsoe v. PetersSupreme Court of Oklahoma · 1924
3 more not listed; retrieve them via the Exa API.