Legal Opinion

Chicago, R.I. P. Ry. Co. v. Phelps, Judge

Supreme Court of Oklahoma

Decided March 21, 1911No. 153PublishedCited by 2 opinions

Error from District Court, Caddo County; C. F. Irwin, Judge. Action between the Chicago, Eock Island & Pacific Bailway Company and G. B. Phelps, Judge. From the judgment, the railway -company brings error.

1Opinion of the CourtKane, J.

Upon the question of the right of appeal, this case is identical with St. L. & S. F. R. R. Co. v. A. H. Couch, Justice of the Peace of Dicks Township, Woods County, Okla. T. (handed down this term), ante, 114 Pac. 694. On the authority of that case, this must be reversed and remanded with directions to proceed in accordance with the opinion in that case. It appears from the record, however, that an attorney's fee was taxed as part of the costs in this case. If under the authority of C., R. I. & P. Ry. Co. v. Mashore, 21 Okla. 275, 96 Pac. 630, the same was improperly taxed, that question may…

2Cases cited2 opinions

  1. Chicago, R. I. & P. Ry. Co. v. MashoreSupreme Court of Oklahoma · 1908
  2. St. Louis S. F. R. Co. v. CouchSupreme Court of Oklahoma · 1911

3Cited by2 opinions

  1. Ardmore Hotel Co. v. J. B. Klein Iron & Foundry Co.Supreme Court of Oklahoma · 1924
  2. Dannenburg v. PowersSupreme Court of Oklahoma · 1938

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