McClelland v. Schmidt

This is an action of replevin commenced by Henry F. Schmidt, defendant in error, plaintiff below, against the plaintiff in error, defendant below, before a justice of the peace in Kingfisher county. On the return day, to wit, January 25, 1906, plaintiff having failed to appear at 11 o’clock a. m., the time set for trial being 10 o’clock a. m., on motion of defendant the court dismissed the cause for want of prosecution, ordered the property returned, or its value paid defendant, and taxed plaintiff with the costs. Wilson’s Rev. & Ann. St. Okla. 1903, § 5037. The next day plaintiff appeared…