Blincoe v. Choctaw, Oklahoma & Western Railroad
Supreme Court of Oklahoma
Error from the District Court of Logan County; before John H. Burford, Triad Judge. STATEMENT OR FACTS. Tbis is a proceeding instituted by the defendant in error in the district court of Logan county, to condemn lots three and four in block sixty three, East Guthrie, for a right of way and terminals for the defendant in error.
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Error from the District Court of Logan County; before John H. Burford, Triad Judge. STATEMENT OR FACTS. Tbis is a proceeding instituted by the defendant in error in the district court of Logan county, to condemn lots three and four in block sixty three, East Guthrie, for a right of way and terminals for the defendant in error. At the time said condemnation proceedings were instituted, plaintiff was the owner and in the actual possession of lots 3, 4 and 5 in said block 63, and at that time and for several years prior thereto had been making use of said lots as and for the purpose of a lumber…
1Opinion of the Court
Opinion of the court bjr
Gillette, J.:
Four assignments of error are set out in the petition in error herein, viz: First, that the court erred in receiving incompetent evidence over the objection of the plaintiff in error; second, that the court erred in overruling a motion for a new trial; third, because the said judgment of the said district court is contrary to law and not sustained by the evidence; fourth, for error committed by the court in its charge to the jury, which, was duly excepted to at the time by the plaintiff in error.
These alleged errors will be .discussed in the order in which…
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