Holmes v. Offield
Supreme Court of Oklahoma
Error from District Court, Oklahoma County; B. F. Burwell, Judge. Action by Ethel E. Offield against Fred Holmes. Judgment for plaintiff. Defendant brings error. On the 15th day of December, A. D. 1905, the defendant in error, Ethel E. Offield, as plaintiff, commenced her action in re-plevin against the plaintiff in error, Fred Holmes, as defendant, before W. H. Zwick, a justice of the peace of Oklahoma City township, Oklahoma county, Oída.
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Error from District Court, Oklahoma County; B. F. Burwell, Judge. Action by Ethel E. Offield against Fred Holmes. Judgment for plaintiff. Defendant brings error. On the 15th day of December, A. D. 1905, the defendant in error, Ethel E. Offield, as plaintiff, commenced her action in re-plevin against the plaintiff in error, Fred Holmes, as defendant, before W. H. Zwick, a justice of the peace of Oklahoma City township, Oklahoma county, Oída. T., to recover certain goods and chattels. Reference will be made to the parties herein as they appeared in said justice court. A change of venue was duly…
1Opinion of the CourtWilliams, C. J.
(after stating the facts as above). This court in the case of Goodwin et al. v. Bickford, 20 Okla. 91, 93 Pac. 549, which followed in the case of Nelson v. Lollar, 20 Okla. 291, 94 Pac. 176, held that the district court of the territory of Oklahoma had no power to impose a rule requiring that a party appealing a cause from the probate court to the district court shall deposit with the clerk of the district court $5 for costs of the clerk, and that a failure to do so within 20 days after the transcript of the trial court is deposited with the clerk of the district court shall be ground for…
2Cases cited2 opinions
- Goodwin v. BickfordSupreme Court of Oklahoma · 1908
- Nelson v. LollarSupreme Court of Oklahoma · 1908
3Cited by4 opinions
- Roth v. RoachSupreme Court of Oklahoma · 1925
- Anderson v. Kinnebrew Motor Co.Supreme Court of Oklahoma · 1940
- Stone v. ClogstonSupreme Court of Oklahoma · 1909
- St. Louis S. F. R. Co. v. McAllisterSupreme Court of Oklahoma · 1916