Legal Opinion

Missouri, O. & G. Ry. Co. v. Riley

Supreme Court of Oklahoma

Decided October 15, 1912No. 2145PublishedCited by 3 opinions

Error from District Court, Hughes County; John Caruthers, Judge. Action by the Missouri, Oklahoma & Gulf Railway Company against H. -R. Riley, P. P. Dunford, James K. King, and C. P. Chapman, to enjoin the service of an execution, and for other relief. Judgment on demurrer for defendants, and plaintiff brings error.

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Error from District Court, Hughes County; John Caruthers, Judge. Action by the Missouri, Oklahoma & Gulf Railway Company against H. -R. Riley, P. P. Dunford, James K. King, and C. P. Chapman, to enjoin the service of an execution, and for other relief. Judgment on demurrer for defendants, and plaintiff brings error. The transcript shows that on August 22, 1910, H. R. Riley, one of the defendants in error, commenced two separate actions against the plaintiff in error for damages for the alleged negligent killing of certain live stock. Summons issued, and was served; but, the defendant failing…

1Opinion of the Court

Opinion by

ROBERTSON, C.

(after stating the facts as above). No copies of the judgments are attached to plaintiff’s petition; nor are the summones or other papers from the justice court made a part of the record. The facts with reference to the same, as given above, are taken from the body of plaintiff’s petition.

This is an original action in the district court to vacate a judgment of a justice of the peace. Has the district court the ppwer to grant such relief, under the facts of the case? Our answer must be that it has not such power. This court, in Bohart v. Anderson, 26 Okla. 784, 110 Pac.…

2Cases cited4 opinions

  1. Galbraith v. BarnardOregon Supreme Court · 1891
  2. Gould v. LoughranNebraska Supreme Court · 1886
  3. Bohart v. AndersonSupreme Court of Oklahoma · 1910
  4. Ellis v. AkersSupreme Court of Oklahoma · 1912

3Cited by3 opinions

  1. Rumsey v. HoweSupreme Court of Oklahoma · 1915
  2. Lind v. MoyesIdaho Supreme Court · 1933
  3. Buckholts v. FarrellSupreme Court of Oklahoma · 1913

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