Legal Opinion

Jay v. Zeissness

Supreme Court of Oklahoma

Decided February 18, 1898PublishedCited by 2 opinions

Error from the District Court of Logan County; before Frank Dale, District Judge. Suit in ejectment by Zeissness against Jay and others. Judgment was for plaintiff, from which defendant Jay appeals.

1Opinion of the Court

Opinion of the court by

Bierer, J.:

It is claimed that the court erred in rendering judgment against the defendant, because, at the time this action was brought, there was another action pending between Jay and one Abdelal, the grantor of plaintiff in this case, in which Jay sought to recover of Abdelal the same property here in controversy.

Without determining now what would be the effect of bringing an action when there was another pending concerning the same subject matter and between the same parties or their privies, it is sufficient to say that the record does not affirmatively show that…

2Cited by2 opinions

  1. Oklahoma Press Publishing Co. v. GulagerSupreme Court of Oklahoma · 1934
  2. Friedman v. WeiszSupreme Court of Oklahoma · 1899

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