Legal Opinion

Missouri, K. & T. Ry. Co. v. Johnson

Supreme Court of Oklahoma

Decided January 16, 1912No. 1446PublishedCited by 4 opinions

Error from District Court, Pottawatomie County; J. B. A. Robertson, Judge. Action by the Missouri, Kansas & Texas Railway Company against B. O. Johnson and Charles A. Mantz. Judgment for defendants, and plaintiff brings error.

1Opinion of the Court

Opinion by

BREWER, C.

This is a proceeding, by petition and summons, for a new trial.

The petition was filed in the district court of Pottawatomie county on the 5th day of June, 1909, under section 4497, Wilson’s Rev. & Ann. St., 1903, section 5829, Comp. Laws 1909. It sought to obtain a new trial because of newly discovered evidence, in a suit instituted in the same court by B. O. Johnson and Charles A. Mantz, the defendants in error herein, v. Missouri, Kansas & Texas Ry. Co., the plaintiff in error herein, and which said suit has been appealed, and is now pending for decision in this court,…

2Cases cited3 opinions

  1. San Diego Land & Town Co. v. NealeCalifornia Supreme Court · 1888
  2. Kansas City, M. & O. Ry. Co. v. ShuttSupreme Court of Oklahoma · 1909
  3. Duff v. DuffCalifornia Supreme Court · 1894

3Cited by4 opinions

  1. Missouri, K. & T. Ry. Co. v. JohnsonSupreme Court of Oklahoma · 1912
  2. Smith v. OgleSupreme Court of Oklahoma · 1945
  3. Gilkeson v. CallahanSupreme Court of Oklahoma · 1916
  4. Ayers v. CoonSupreme Court of Oklahoma · 1915

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