Legal Opinion

Farmers' Nat. Bank of Vinita v. First Nat. Bank of Pryor Creek

Supreme Court of Oklahoma

Decided July 13, 1909No. 158PublishedCited by 5 opinions

Error from District Court, Craig County; T. L. Brown, Judge. Action by the First National Bank of Pryor Creek against the Farmers’- National Bank of Yinita. Judgment for plaintiff, and defendant brings error.

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Error from District Court, Craig County; T. L. Brown, Judge. Action by the First National Bank of Pryor Creek against the Farmers’- National Bank of Yinita. Judgment for plaintiff, and defendant brings error. This action, the United States commissioner’s court having jurisdiction both of the subject-matter and of the parties, was tried before him at'Yinita, in the Northern district of the Indian Territory, without the intervention of a jury, both parties being present by their attorneys, on March 13, 1906; but no judgment was rendered and entered upon the docket within three, days after the…

1Opinion of the CourtWilliams, J.

(after stating the facts as above). It is not essential for the disposition of this case to determine whether or not section 2753, Ind. T. Ann. St. 1899 (Mansf. Dig. § 4073; Sand. & II. Dig. § 4369; Gantt's Dig. § 3763; Kirby’s Dig. § 4604), which provides that:

“In cases of dismissal for want of prosecution, confession, or on the verdict of a jury, the judgment shall be rendered and entered upon the docket forthwith. In all other cases the same shall be done within three days after the cause is submitted to the justice for final decision.”

—is mandatory. In case it were mandatory, the failure…

2Cases cited6 opinions

  1. Jacoway v. Insurance Co.Supreme Court of Arkansas · 1887
  2. McKee v. MurphySupreme Court of Arkansas · 1838
  3. Ball v. KuykendallSupreme Court of Arkansas · 1840
  4. Smith v. StinnettSupreme Court of Arkansas · 1839
  5. Sykes v. LaferrySupreme Court of Arkansas · 1867

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Clarkson v. WashingtonSupreme Court of Oklahoma · 1913
  2. Summers v. GatesSupreme Court of Oklahoma · 1916
  3. Turk v. MayberrySupreme Court of Oklahoma · 1912
  4. Everts v. Town of BixbySupreme Court of Oklahoma · 1909
  5. State Ex Rel. Nevada Douglass Gold Mines, Inc. v. District Court of Seventh Judicial DistrictNevada Supreme Court · 1929

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