Smith v. Kennedy
Supreme Court of Oklahoma
Error from District Court, Sequoyah County; John H. Pitchford, Judge. Action by James A. Smith and others against A. J. Kennedy, for interest in land. Judgment for defendant, and plaintiffs bring error.
1Opinion of the CourtMcNEILL, J.
This is the second appeal in this case; the case on former appeal being Smith v. Kennedy, 46 Okla. 493, 149 Pac. 197. The question involved on the former appeal was whether the petition stated a cause of action; a demurrer having been sustained to the petition by the trial court. This court reversed the trial court and held the petition' stated a cause of action. The material parts of the petition are set out in the statement of facts in the former opinion, and it will serve no useful purpose again to copy the petition in this case, but reference may be had to the same for the allegations of…
2Cases cited9 opinions
- Marquez v. FrisbieSupreme Court of the United States · 1879
- Schell's Executors v. FauchéSupreme Court of the United States · 1891
- Ross v. StewartSupreme Court of the United States · 1913
- Childs v. CookSupreme Court of Oklahoma · 1918
- Ross v. StewartSupreme Court of Oklahoma · 1910
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3Cited by3 opinions
- Wootten v. Oklahoma Tax CommissionSupreme Court of Oklahoma · 1939
- Reed v. RobinsonSupreme Court of Oklahoma · 1923
- Harness v. MyersSupreme Court of Oklahoma · 1930