Legal Opinion

City of Lawton v. Kelley

Supreme Court of Oklahoma

Decided January 23, 1917No. 8090PublishedCited by 4 opinions

Error from District Court, Comanche County; Cham Jones, Judge. Action by T. D. Kelley against City of Lawton. Judgment for plaintiff, and defendant appeals.

1Opinion of the Court

Opinion by

BURFORD, C.

The facts pertinent to a decision of this cause are as follows; On January 17, 1913, the trial court overruled defendant’s motion to strike and demurrer to plaintiff’s petition. Defendant stood upon the demurrer and appealed. Plaintiff at that time sought to introduce his proof of damage, and was refused by the trial court, evidently upon the theory that the appeal divested the trial court of all jurisdiction. July 5, 1915, the cause was reached by this court and dismissed for lack of prosecution on the part of the plaintiff in error. The mandate was issued July 26, 1915.…

2Cases cited4 opinions

  1. Checotah Hardware Co. v. HensleySupreme Court of Oklahoma · 1914
  2. Adkins v. ArnoldSupreme Court of Oklahoma · 1911
  3. Long v. HarrisSupreme Court of Oklahoma · 1913
  4. Nolen v. StateSupreme Court of Oklahoma · 1915

3Cited by4 opinions

  1. Carignano v. BoxSupreme Court of Oklahoma · 1924
  2. McCoy v. MayoSupreme Court of Oklahoma · 1918
  3. Funnell v. ConradSupreme Court of Oklahoma · 1918
  4. State ex rel. Department of Human Services v. BatemanCourt of Civil Appeals of Oklahoma · 2000

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