Legal Opinion

Churchman v. Payte

Supreme Court of Oklahoma

Decided June 19, 1913No. 2755PublishedCited by 4 opinions

Error from County Court, Coal Countyj R. H. Wells, Judge. Action by S. G-. Payte against' Tom Churchman. From a judgment of the county court, dismissing an appeal from a justice of the peace, plaintiff brings error.

1Opinion of the Court

Opinion by

ROSSER, C.

This appeal is from an order of the county court dismissing an appeal on account of a defect in the appeal bond.

The facts in this case are substantially the same as the facts in the case of Spaulding Mfg. Co. v. Roff, 34 Okla. 309, 125 Pac. 727. It was there held that it was the duty of the court to permit an appeal bond to be corrected or amended as provided in section 5394, Comp. Laws 1909.' 'That case has been followed in C., R. I. & P. Ry. Co. v. Moore, 34 Okla. 199, 124 Pac. 898; Spaulding Mfg. Co. v. Witter, 34 Okla. 313, 125 Pac. 729, and Roberts v. Converse, ante,…

2Cases cited5 opinions

  1. Chicago, R. I. & P. Ry. Co. v. MooreSupreme Court of Oklahoma · 1912
  2. Spaulding Mfg. Co. v. RoffSupreme Court of Oklahoma · 1912
  3. Roberts v. ConverseSupreme Court of Oklahoma · 1913
  4. Spaulding Mfg. Co. v. WitterSupreme Court of Oklahoma · 1912
  5. McVeigh v. Missouri, Kansas & Texas Railway Co.Supreme Court of Kansas · 1912

3Cited by4 opinions

  1. Cohen v. ConnickCalifornia Court of Appeal · 1915
  2. Miller v. SheltonSupreme Court of Oklahoma · 1925
  3. Wilken v. GeversSupreme Court of Oklahoma · 1915
  4. Elledge v. ArterberrySupreme Court of Oklahoma · 1916

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