Wade v. Gould
Supreme Court of Oklahoma
Error from the District Court of Kingfisher County; before John C. Tarsney, District Judge. Action by Edward F. Gould against Richard H. Wade. Judgment for plaintiff. Defendant brings error. STATEMENT OF THE CASE.
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Error from the District Court of Kingfisher County; before John C. Tarsney, District Judge. Action by Edward F. Gould against Richard H. Wade. Judgment for plaintiff. Defendant brings error. STATEMENT OF THE CASE. This was an action in replevin begun in the probate court of Kingfisher county for the recovery of the possession of four cows, valued at $55. The petition upon which the case was tried averred that the plaintiff had tendered all charges and dues claimed by the' defendant upon the cattle for pasturage, and made a tender of the same into court, subject to its order. The value of the…
1Opinion of the Court
Opinion of the court by
McAtee, J.:
The assignments or error were (1) in overruling the motion for a new trial and the demurrer to the defendant’s supplemental petition; and (2) in attempting to assume jurisdiction of the subject-matter set out in the defendant’s supplemental petition; ánd (3) in excluding testimony tending to show another action pending between the same parties, and involving the same subject-matter, at the time the action was commenced; and (4) in excluding competent, relevant, and material testimony offered by the plaintiff in error; and (5) in the amount of the recovery,…
2Cases cited17 opinions
- Medbury v. . SwanNew York Court of Appeals · 1871
- Eddy v. WeaverSupreme Court of Kansas · 1887
- Hill v. First National BankSupreme Court of Kansas · 1889
- Newman v. JacksonSupreme Court of the United States · 1827
- Ryland v. CoyleSupreme Court of Oklahoma · 1898
12 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Wilson Motor Co. v. DunnSupreme Court of Oklahoma · 1928
- Southern Pac. Co. v. ConwayCourt of Appeals for the Ninth Circuit · 1940
- Pierce v. EngelkemeierSupreme Court of Oklahoma · 1900
- Reynolds v. HillSupreme Court of Oklahoma · 1910
- H. F. Wilcox Oil & Gas Co. v. JuedemanSupreme Court of Oklahoma · 1940
15 more not listed; retrieve them via the Exa API.