Choctaw, O. G. R. Co. v. Burgess
Supreme Court of Oklahoma
jError from the United States Court for the Southern District of Indian Territory, Sitting at Ardmore; Hosea Townsend, Judge. Action by Myra Burgess, joined by lier husband, for personal injuries, against the Choctaw, Oklahoma & Gulf Eailroad Company. Judgment for plaintiffs, and defendant brings error.
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jError from the United States Court for the Southern District of Indian Territory, Sitting at Ardmore; Hosea Townsend, Judge. Action by Myra Burgess, joined by lier husband, for personal injuries, against the Choctaw, Oklahoma & Gulf Eailroad Company. Judgment for plaintiffs, and defendant brings error. This action was instituted by Myra Burgess, joined by her husband, W. N. Burgess, as plaintiffs, on the 29th day of February, A. D. 1904, in the United States Court for the Southern District of Indian Territory, sitting at Ardmore, against the Choctaw, Oklahoma & Gulf Eailroad Company.…
1Opinion of the CourtWilliams, C. J.
(after stating the facts as above). The plaintiff in error in its motion for a new trial for the first time raises the question that W. N. Burgess, the husband of the herein Myra Burgess, was an improper party plaintiff. Section 4951, Mansf. Dig. Ark. 1884 (Ind. T. Ann. St. 1899, § 3156), extended by act of Congress to the Indian Territory, provides that:
“Where a married' woman is a party, her husband must be joined with her, except in the following cases: * * * Second she may maintain an action in her own name for * * * damages against any person or body corporate for any injury to her…
2Cases cited88 opinions
- Vicksburg & Meridian Railroad v. PutnamSupreme Court of the United States · 1886
- Railroad Co. v. BarronSupreme Court of the United States · 1867
- L. R. Junction Ry. v. WoodruffSupreme Court of Arkansas · 1887
- Gulf, C. & S. F. Ry. Co. v. EllisCourt of Appeals for the Eighth Circuit · 1893
- Aldrich v. PalmerCalifornia Supreme Court · 1864
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3Cited by54 opinions
- Muskogee Electric Traction Co. v. ReedSupreme Court of Oklahoma · 1913
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- Miller v. PriceSupreme Court of Oklahoma · 1934
- Chicago, R. I. & P. Ry. Co. v. PitchfordSupreme Court of Oklahoma · 1914
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