Legal Opinion

Kelly v. Johnson

Court Of Appeals Of Indian Territory

Decided January 30, 1897PublishedCited by 8 opinions

Appeal from the United States Court for the Centra! District. Yancey Lewis, Judge. Action of forcible entry and detainer for a town lot bj Harry Johnson against W. F. Kelly and others. Judgmen for plaintiff. Defendant appeals. This case was instituted in the United States Court-ii the Central district, of the Indian Territory, at South Me Al ester, on the 11th day of April, 1896, to recover possessioi of a lot situated in the town of South McAlester, Ind.

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Appeal from the United States Court for the Centra! District. Yancey Lewis, Judge. Action of forcible entry and detainer for a town lot bj Harry Johnson against W. F. Kelly and others. Judgmen for plaintiff. Defendant appeals. This case was instituted in the United States Court-ii the Central district, of the Indian Territory, at South Me Al ester, on the 11th day of April, 1896, to recover possessioi of a lot situated in the town of South McAlester, Ind. T It is an action of forcible entry and detainer, and the com plaint sets forth, in the usual form, that the plaintiff was ii actual,…

1Opinion of the Court

Springer,, C. J.

(after stating the facts.) Counsel for bpellee files a motion iNthis court to strike the bill of ex-ip tions from the record, and to affirm the judgment in .the lurt below. Counsel for appellants file a counter motion |r an order of certiorari on the court below to bring into lis court a certified transcript of the proceedings in this Ise. These motions recice the fact that the bill of excep-Ls, by inadvertence of appellants’ counsel, was filed in the *186court of appeals without having been first filed in the trial court, and by the clerk of that court certified to the court of…

2Cited by8 opinions

  1. Johnson v. RiddleSupreme Court of the United States · 1916
  2. Turner v. MooreSupreme Court of Oklahoma · 1911
  3. Ellis v. FitzpatrickCourt Of Appeals Of Indian Territory · 1901
  4. Johnson v. RiddleSupreme Court of Oklahoma · 1914
  5. Rogers v. HillCourt Of Appeals Of Indian Territory · 1901

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