Legal Opinion

Caswell v. Eaton, Adm'r.

Supreme Court of Oklahoma

Decided November 10, 1914No. 6642PublishedCited by 4 opinions

Error from Superior Court, Muskogee County; Parrar E. McCain, Judge. Action by W. N. Eaton against J. B. Caswell and R. W. Talbot. On the death of plaintiff, the action was revived in the name of Ernest Eaton, administrator. Judgment for plaintiff, and defendants bring error.

1Opinion of the CourtBleakmore, J.

This case presents error from the superior court of Muskogee county, and now comes on to be heard upon motion of defendant in error to dismiss the appeal. Motion for new trial was overruled on October 11, 1913. Petition in error and case-made were lodged in this court'on the 20th day of July, 1914, more than six months after the date of the final order sought to be reviewed.

The record discloses that the original plaintiff, one W. N. Eaton, departed this life on the 15th day of March, 1914, and that the case was revived in the trial court bn the 23d day of June, 1914, in the name of Ernest…

2Cases cited1 opinion

  1. Malloy v. JohnsonSupreme Court of Oklahoma · 1914

3Cited by4 opinions

  1. In Re SpringerSupreme Court of Oklahoma · 1919
  2. Home Savings & Loan Ass'n v. Rounds-Porter Lbr. Co.Supreme Court of Oklahoma · 1921
  3. Dawson Schreiner v. Davis Bros. Cheese CompanySupreme Court of Oklahoma · 1916
  4. Reed v. ArneySupreme Court of Oklahoma · 1950

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