Coss v. Sterritt
Supreme Court of Oklahoma
Error from District Court, Murray County; R. McMillan, Judge. - Action by T. A. Sterritt against Virgil R. Coss and others. Judgment for plaintiff, and defendants, except defendant Zora Daniel, bring error. . This is an appeal attempted to be prosecuted by plaintiffs in error from a . joint judgment rendered against Zora Daniel and others, to recover certain lands described in the petition, and to remove cloud from title thereto.
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Error from District Court, Murray County; R. McMillan, Judge. - Action by T. A. Sterritt against Virgil R. Coss and others. Judgment for plaintiff, and defendants, except defendant Zora Daniel, bring error. . This is an appeal attempted to be prosecuted by plaintiffs in error from a . joint judgment rendered against Zora Daniel and others, to recover certain lands described in the petition, and to remove cloud from title thereto. On the 29th day of August, 1913, said joint judgment was rendered, and some of the parties plaintiff in error given 60 days in which to prepare and serve case-made…
1Opinion of the Court
Opinion by
COLLIER, C.
(after stating facts as above). The only question here under review is upon the motion to dismiss this appeal. It is positively shown that .this is an appeal from a joint judgment rendered against said Zora Daniel and others, that she was not presented with the case-made, and no notice was given her of the time and place said case-made would be settled and signed, and that she never appeared or waived such notice, nor was she made a party to this appeal, nor was summons in error issued to or served upon her, nor did she waive any of said requirements; her attempt to waive…
2Cases cited12 opinions
- Wedd v. GatesSupreme Court of Oklahoma · 1905
- Humphrey v. HuntSupreme Court of Oklahoma · 1899
- Strange v. CrismonSupreme Court of Oklahoma · 1908
- Am. Nat. Bank of McAlester v. Mergenthaler LinotypeSupreme Court of Oklahoma · 1912
- Weisbender v. School Dist. No. 6 of Caddo CountySupreme Court of Oklahoma · 1909
7 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Swanson v. BaylessSupreme Court of Oklahoma · 1915
- Parks v. PrikrylSupreme Court of Oklahoma · 1928
- Norman v. MayesSupreme Court of Oklahoma · 1928