Clinton Cemetery Ass'n v. McAttee
Supreme Court of Oklahoma
Error from District Court of Custer County; J. R. Tolbert, Judge. Action by Benton McAttee against tbe Clinton Cemetery Association and others. Judgment for plaintiff, and defendants bring error. Citing: Dunnv. City of Austin (Tex.) 11 S. W. 1125; Jung v. Feraz (Tex.) 9 S. W. 344; Adams v. Michael, 38 Md. 123; Monk v. Packard, 71 Me. 309; Begein v. City of Anderson, 28 Ind. 79; Lake View v. Lutz, 44 111. 81; Kingsbwy v. Flowers, 65 Ala. 479.
1Opinion of the CourtWilliams, J.
The defendant in error, as plaintiff, instituted an action in the district court of Custer county, state of Oklahoma, to enjoin the plaintiffs in error as defendants from entering upon a certain thirty acres of land and establishing a cemetery or burial grounds thereon. A demurrer being interposed, the same was overruled, and defendants answered. After trial, before the court without the intervention of a jury, judgment was rendered in favor of the plaintiff, perpetually enjoining the defendants as prayed. By proceeding in error, the' action of said court is properly here for review.
Section…
2Cases cited14 opinions
- Town of Lake View v. Rose Hill Cemetery Co.Illinois Supreme Court · 1873
- Adams v. MichaelCourt of Appeals of Maryland · 1873
- Dunn v. City of AustinTexas Supreme Court · 1889
- Kingsbury v. FlowersSupreme Court of Alabama · 1880
- Town of Lake View v. LetzIllinois Supreme Court · 1867
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Sharp v. 251st Street Landfill, Inc.Supreme Court of Oklahoma · 1991
- Rea v. Tacoma Mausoleum Ass'nWashington Supreme Court · 1918
- Heiligman v. ChambersSupreme Court of Oklahoma · 1959
- Town of Rush Springs v. BentleySupreme Court of Oklahoma · 1919
- Hallman v. Atlanta Child's HomeSupreme Court of Georgia · 1925
11 more not listed; retrieve them via the Exa API.