St. Louis S. F. R. Co. v. Nelson
Supreme Court of Oklahoma
Error from District Court, ■Jackson County; J. T. Johnson, Judge. Action by Gertrude Nelson against the St. Louis & San Francisco Railroad Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the CourtHayes, J.
It has been brought to the attention of this court by a motion to dismiss and the affidavit by Fay Nelson, daughter ■ and only heir of defendant in error, that defendant, subsequent to the rendition in the trial court of the judgment attempted to be appealed from in this proceeding and before the filing of the petition in error, died. Neither the motion nor the affidavit has been controverted by plaintiff in error, and it therefore must be accepted as true that defendant in error died before this action was attempted to be commenced. A proceeding in error is a new action in this court, and is…
2Cases cited4 opinions
- Doble v. BrownIndiana Court of Appeals · 1898
- Skillern v. JamesonSupreme Court of Oklahoma · 1911
- Ritchey v. SeeleyNebraska Supreme Court · 1903
- Kuhnert v. CondeSupreme Court of Kansas · 1888
3Cited by7 opinions
- May v. FitzpatrickSupreme Court of Oklahoma · 1912
- Nye v. Jones Et Ux.Supreme Court of Oklahoma · 1912
- Moss v. RamseySupreme Court of Oklahoma · 1915
- Town of Jefferson v. HicksSupreme Court of Oklahoma · 1912
- Young v. La RueSupreme Court of Oklahoma · 1915
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