Kolp v. Parsons
Supreme Court of Oklahoma
Error from County Court, Jefferson County; B. T. Price, Judge. Action by E. R. and D. C. Kolp against Ed V. Parsons and the Chicago, Rock Island & Pacific Railway Company, with cross-petition by defendant Parsons against his codefendant. Dismissed as to defendant railway, cross-petition stricken. Judgment for defendant Parsons, and plaintiffs bring error against defendant Parsons alone.
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Error from County Court, Jefferson County; B. T. Price, Judge. Action by E. R. and D. C. Kolp against Ed V. Parsons and the Chicago, Rock Island & Pacific Railway Company, with cross-petition by defendant Parsons against his codefendant. Dismissed as to defendant railway, cross-petition stricken. Judgment for defendant Parsons, and plaintiffs bring error against defendant Parsons alone. This was an action commenced by the plaintiffs below against Ed V. Parsons and the Chicago, Rock Island '& Pacific Railway Company, as defendants, alleging that the plaintiffs had purchased several car loads…
1Opinion of the Court
Opinion by
DEVEREUX, C.
(after stating the facts as above). The dismissal of the petition by the plaintiffs as against the railroad company was filed after the cross-petition and could not affect the rights of the defendant, if he hkd any, as set out in the cross-petition. Rev. Laws 1910, section 5126; Brown v. Massey, 19 Okla. 482, 92 Pac. 246. The question then is presented as to whether the railroad company is a necessary party on this appeal, and this depends upon whether the interest of the railroad company would be affected by a reversal of the judgment. Weisbender v. School Dist. No. 6,…
2Cases cited3 opinions
- Humphrey v. HuntSupreme Court of Oklahoma · 1899
- Weisbender v. School Dist. No. 6 of Caddo CountySupreme Court of Oklahoma · 1909
- Brown v. MasseySupreme Court of Oklahoma · 1907
3Cited by6 opinions
- Strawn v. BradySupreme Court of Oklahoma · 1921
- Amerman v. State Ex Rel. Bromide Crushed Rock Co.Supreme Court of Oklahoma · 1925
- In Re Initiative Petitions Nos. 112 to 118Supreme Court of Oklahoma · 1932
- Local Federal Savings & Loan Ass'n v. StokesSupreme Court of Oklahoma · 1944
- Swanson v. BaylessSupreme Court of Oklahoma · 1915
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