Stark Bros. v. Glaser
Supreme Court of Oklahoma
Error from, the District Court of Kay County; before Bayard T. Hainer, Trial Judge. STATEMENT OE THE CASE. This is an action commenced in the district court of Kay county, Oklahoma, in February, 1904, against the defendant Stark Brothers, plaintiffs in error here, to quiet title to the north half of the northwest quarter of section fifteen, township twenty-six north, of range two east of the Indian Meridian, in Kay county, Oklahoma Territory.
Read the full summary
Error from, the District Court of Kay County; before Bayard T. Hainer, Trial Judge. STATEMENT OE THE CASE. This is an action commenced in the district court of Kay county, Oklahoma, in February, 1904, against the defendant Stark Brothers, plaintiffs in error here, to quiet title to the north half of the northwest quarter of section fifteen, township twenty-six north, of range two east of the Indian Meridian, in Kay county, Oklahoma Territory. Plaintiffs in their petition' state that they are the owners, and in actual possession of said land; that the defendants claim an estate in said lands…
1Opinion of the Court
Opinion of the court by
Irwin, J.:
Three grounds of error are assigned by plaintiffs in error for a reversal of this -case, but we think it will only be necessary to discuss two of them.
The first one is-it is insisted that “the court.has no power to set aside a judgment rendered during another term of court, except it be set aside for the reasons and in the manner provided by law. The proceedings in this case, if'there were any grounds to set aside said judgment, should have been by petition verified by affidavit, on which summons should have issued and been served the same as in the…
2Cases cited9 opinions
- Glaser v. GlaserSupreme Court of Oklahoma · 1903
- Boyd v. BryanSupreme Court of Oklahoma · 1901
- Martin v. GassertSupreme Court of Oklahoma · 1906
- Russell v. LowthSupreme Court of Minnesota · 1874
- Baldwin v. BoydNebraska Supreme Court · 1885
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Wheatland Grain & Lumber Co. v. DowdenSupreme Court of Oklahoma · 1910
- First Nat. Bank of Wetumka v. NolenSupreme Court of Oklahoma · 1916
- Nichols v. BonaparteSupreme Court of Oklahoma · 1935
- Firemen's Fund Insurance v. GriffinSupreme Court of Oklahoma · 1936
- Missouri Quarries Co. v. BradySupreme Court of Oklahoma · 1923
9 more not listed; retrieve them via the Exa API.