Jones v. Chicago Building & Manufacturing Co.
Supreme Court of Oklahoma
jError from, the District Court of Payne County • before John E. Burford, District Judge. STATEMENT OF THE CASE. This was an action brought before a justice of the peace by the Chicago Building and Manufacturing company, to recover from Jones the amount of his subscription for the construction of a creamery. Jones applied for a change of venue, and thereupon the case was sent to the probate court, by the- justice of the peace.
Read the full summary
jError from, the District Court of Payne County • before John E. Burford, District Judge. STATEMENT OF THE CASE. This was an action brought before a justice of the peace by the Chicago Building and Manufacturing company, to recover from Jones the amount of his subscription for the construction of a creamery. Jones applied for a change of venue, and thereupon the case was sent to the probate court, by the- justice of the peace. Jones made a special appearance in the probate court, for the purpose of moving to dismiss the cause, for the reason that there was no provision of law by which cases…
1Opinion of the Court
Opinion of the court by
McAtee, J.:
Section 4718 of the Code of l^ro-cedure provides that, upon the tiling of the affidavit for a change of venue, “such cause shall be transferred for trial before some other justice of the peace of the same township.”
And it is here contended that since the probate judge is not a justice of the peace, so, neither is his court in any sense a justice’s court.
It is provided in sec. 1563 of the statutes of 1893, that:
“In all cases commenced in said probate courts that are within the jurisdiction of justices’ courts, the practice and proceedings and pleadings both…
2Cited by5 opinions
- Gulf Pipe Line Co. v. VanderbergSupreme Court of Oklahoma · 1911
- Clem Oil Co. v. OliverSupreme Court of Oklahoma · 1924
- Shuffeldt v. JefcoatSupreme Court of Oklahoma · 1915
- Bes Line Construction Co. v. SchmidtSupreme Court of Oklahoma · 1906
- Kansas, O. & G. Ry. Co. v. SmithSupreme Court of Oklahoma · 1942