Queen Ins. Co. of America v. Cotney
Supreme Court of Oklahoma
Error from District Court, Comanche County; J. T. Johnson, Trial Judge. Action by J. D. Cotney and others against the Queen Insurance Company of America. From an order dismissing an appeal from the probate court y.on appeal from ’a judgment for plaintiffs, defendant brings error. Citing: Railway Co. v. Hurst (Kan.) 35 Pac. 211; Haas v. Lees, 18 Kan. 449; Siruber v. Rohlefs (Kan.) 12 Pac. 830; Patrie v. Colter, 10 Okla. 257; Swoop v. Smith, 1 Okla. 283.
1Opinion of the CourtWilliams, J.
Under the law as it existed at the time of the organization of the state government, an appeal from the hnal judgment of a probate court, when questions of fact were to be retried, could be prosecuted to the district court of the county in the manner and form as appeals from the judgment of the justice of the peace. Section 1881 (chapter 22, art. 15, § 405j Wilson’s Eev. & Ann. St. 1903. Such an appeal is taken by the defendant, within 10 days from the rendition of the judgment, entering into an undertaking in favor of the adverse party, with at least one good and sufficient surety, to be…
2Cases cited8 opinions
- Railway Co. v. McCarthySupreme Court of the United States · 1878
- Harris v. First Nat. Bank of BokchitoSupreme Court of Oklahoma · 1908
- Haas v. LeesSupreme Court of Kansas · 1877
- St. Louis, Kansas & Southwestern Railway Co. v. MorseSupreme Court of Kansas · 1892
- Struber v. RohlfsSupreme Court of Kansas · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Chicago, R. I. & P. Ry. Co. v. MooreSupreme Court of Oklahoma · 1912
- Pine Belt Lumber Co. v. RiggsSupreme Court of Oklahoma · 1920
- Checotah v. HardridgeSupreme Court of Oklahoma · 1911
- Chicago, R. I. & P. Ry. Co. v. ElsingSupreme Court of Oklahoma · 1915
- Chicago, R. I. & P. Ry. Co. v. McBeeSupreme Court of Oklahoma · 1914
4 more not listed; retrieve them via the Exa API.